Florida/Georgia Personal Injury & Workers Compensation

...ipal *1068 Home Rule Powers Act, ch. 73-129, Laws of Fla. (codified at ch. 166, Fla. Stat. (1973)). It acknowledged that municipalities may enact legislation on any subject upon which the state legislature may act unless expressly prohibited by law. 166.021 Powers....

...roprietary purposes not expressly prohibited by the Constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. § 166.021, Fla. Stat. (1979). The City of Miami Beach then enacted another rent control ordinance under the expanded authority afforded by section 166.021(1)....

...ing: Ch. 73-129 is a broad grant of power to municipalities in recognition and implementation of the provisions of Art. VIII, § 2(b), Fla. Const.[1] It should be so construed as to effectuate that purpose where possible.[2] It provides, in new F.S. § 166.021(1), that municipalities shall have the governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services; it further enables them to exercise any power for municipal services, except when expressly prohibited by law....

...: The Constitutional Issues, 26 U.Fla.L.Rev. 758, 764 (1974). In light of these developments, we must decide whether condominium conversion is a subject "expressly preempted to state... government" and therefore excepted from the City's powers under section 166.021(3)(c)....

...f the senior legislative body's scheme of regulation of the subject is pervasive and if further regulation of the subject by the junior legislative body would present a danger of conflict with that pervasive regulatory scheme... . Florida law, under section 166.021, Florida Statutes (1981), which cites article VIII, section 2(b) of the Florida Constitution, includes a more restrictive application of the preemption doctrine, precluding preemption and leaving "home rule" to municipalities unless the legislature has expressly said otherwise....

...o municipalities to "exercise any power for municipal purposes except as otherwise provided by law." Art. VIII, § 2(b), Fla. Const. "`Municipal purpose' means any activity or power which may be exercised by the state or its political subdivisions." § 166.021(2), Fla....

..."[T]he legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except:... . (c) Any subject expressly preempted to state or county government by the constitution or by general law." § 166.021(3)....

...Prompted by this decision, the legislature in 1973 enacted the Municipal Home Rule *28 Powers Act, [1] now codified in chapter 166, Florida Statutes (1989). Thereafter, this Court upheld a subsequent rent-control ordinance enacted by the City of Miami Beach on the premise that section 166.021(1) now authorized municipalities to exercise any power for municipal purposes except when expressly prohibited by law....

...purpose." It would follow that municipalities are not dependent upon the Legislature for further authorization. Legislative statutes are relevant only to determine limitations of authority. State v. City of Sunrise, 354 So.2d 1206, 1209 (Fla. 1978). Section 166.021 provides in pertinent part: (1) As provided in s....

...Thus, a municipality may now exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and a municipality may legislate on any subject matter on which the legislature may act, except those subjects described in paragraphs (a), (b), (c), and (d) of section 166.021(3). The provisions of section 166.021(3)(a) and (d) are irrelevant to the instant case. Therefore, it would appear that the City of Boca Raton can levy its special assessment unless it is expressly prohibited by law — section 166.021(1), expressly prohibited by the constitution — section 166.021(3)(b), or expressly preempted to the state or county government by the constitution or by general law — section 166.021(3)(c)....

...ture amended section 197.3631, Florida Statutes (1989), to read in part: "Section 197.3632 is additional authority for local governments to impose and collect non-ad valorem assessments supplemental to the home rule powers pursuant to ss. 125.01 and 166.021 and chapter 170, or any other law." Ch....

...In addition, The Municipal Home Rule Powers Act provides that the legislature intends to extend to municipalities the exercise of powers for municipal purposes "not expressly prohibited by the constitution, general or special law, or county charter... ." § 166.021(4), Fla....

...nder the 1885 Constitution, municipalities had only those powers expressly granted by law. In 1973 the legislature made clear its intent to allow broad exercise of the home rule powers granted by the constitution. The Municipal Home Rule Powers Act, section 166.021(4) of the Florida Statutes (1979) provides in part: It is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited...

...Was the action undertaken for a municipal purpose? If so, was that action expressly prohibited by the constitution, general or special law, or county charter? See State v. City of Sunrise, 354 So.2d 1206 (Fla. 1978). "Municipal purpose" is nowhere clearly defined. Section 166.021(2) states that it is "......

...The City of Boca Raton shall have all governmental, corporate and proprietary powers to enable it to conduct municipal functions and render municipal services, and may exercise any power for municipal services except as otherwise provided by law. This language is identical to that of article VIII, section 2(b). Section 166.021(4) expresses the intention of the legislature to secure for municipalities the broad exercise of the home rule powers granted by the constitution....

...Chapter 166, Florida Statutes (1989), implements article VIII, section 2(b) by permitting municipalities to exercise any power for municipal purposes except when expressly prohibited by law. City of Miami Beach v. Forte Towers, Inc., 305 So.2d 764, 766 (Fla. 1974). Section 166.021(3)(c) expressly excludes from municipalities' powers "any subject expressly preempted to state or county government by the constitution or by general law." Although this Court found in Jaramillo v....

...Sibley of Sibley, Giblin, Levenson & Ward, Miami Beach, for amicus curiae. PER CURIAM. Jurisdiction of this direct appeal from the Circuit Court of Dade County vests under Art. V, § 3(b)(1), Fla. Const., the trial court having expressly held unconstitutional F.S. § 166.021 relating to municipal home rule (a portion of Ch. 73-129, Laws of Florida, 1973). It is the unanimous opinion of this Court that F.S. § 166.021 is constitutionally valid, as more fully set forth in the special concurring opinion of Mr....

...bjective guidelines, as is more fully set forth in Mr. Justice Dekle's specially concurring opinion, with which (on this point) Justices Roberts, Boyd and Overton join. Accordingly, the opinion of the trial court is reversed insofar as it holds F.S. § 166.021 to be unconstitutional and holds that Ch....

...age and abnormal rent increases. Thereafter, the instant suit was filed seeking a declaratory judgment and injunctive relief on the ground that the rent control ordinance was invalid for numerous reasons. Following trial, the circuit court held F.S. § 166.021 invalid to the extent that it authorized municipal rent control laws, and struck down the ordinance on the basis that it conflicted with certain general laws of the state and that it unlawfully delegated the city's legislative authority without establishing sufficient guidelines....

...73-129. Ch. 73-129 is a broad grant of power to municipalities in recognition and implementation of the provisions of Art. VIII, § 2(b), Fla. Const. [1] It should be so construed as to effectuate that purpose where possible. [2] It provides, in new F.S. § 166.021(1), that municipalities shall have the governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services; it further enables them to exercise any power for municipal services, except when expressly prohibited by law....

...constitutes a proper municipal purpose is for the judiciary. City of Miami Beach v. Seacoast Towers-Miami Beach, Inc., 156 So.2d 528 (Fla. App.3d 1963). This argument misses the mark. It is not the definition of municipal purposes found in new F.S. § 166.021(2) that grants power to the municipality to enact such an ordinance, but rather the provision of new F.S. § 166.021(1) which expressly empowers municipalities to "exercise any power for municipal purposes, except when expressly prohibited by law." As we noted in In re Apportionment Law, 281 So.2d 484 (Fla....

...1973), the intent of this chapter was largely to eliminate the "local bill evil" by implementing the provisions of Art. VIII, § 2, Fla. Const. The power to enact rent control ordinances in appropriate circumstances is contained in new F.S. § 165.021(1), and is not dependent upon the definitional provision of new F.S. § 166.021(2). If we must deal with an application of "municipal purposes" in F.S. § 166.021(2) under appellee's challenge and determine whether rent control constitutes a proper municipal purpose, then it presents no judicial problem, for rent control under appropriate circumstances clearly falls within the general category of "municipal purposes." Such a finding has ample support in the authorities....

...286, 293 A.2d 720 (1972); McQuillen or Municipal Corporations, § 24.563(d). The enactment of rent control ordinances, given sufficient justifying conditions, *767 is a proper municipal purpose. It is not "expressly prohibited by law" and therefore comes within the grant of power contained in new F.S. § 166.021(1). We need not, therefore, reach the general question of overbroadness of the definitional portion of the act at § 166.021(2)....

...onships and the regulation of decedents' estates. In so doing, the trial court failed to apply the rule that statutes will be so construed as to uphold their constitutional validity whenever possible. [3] And here the statute may be upheld, for F.S. § 166.021(3)(c) expressly excludes from the grant of power to municipalities "any subject expressly preempted to state or county government by the constitution or by general law." Thus, even if a rent control ordinance which was passed under the authority of Ch....

...While a provision of that nature would require the invalidating of such a provision of the statute, it does not necessitate or even justify a finding that the total statute is invalid. It has also been contended that Ch. 73-129 is inapplicable to Miami Beach due to the provisions of Art. VIII, § 6(e), Fla. Const., and F.S., § 166.021(3)(d), which exempt from the broad grant of powers any subject preempted to a county pursuant to a county charter adopted under authority of Art....

...eason why the Legislature may not confer such additional power on a Dade County municipality. Nor has the power to control *768 rents been preempted by Dade County pursuant to its charter, so as to bring into play the exemption provision of new F.S. § 166.021(3)(d)....

...e authorization to enact rent control ordinances lacking in Fleetwood Hotel , and that its provisions are applicable, insofar as they authorize enactment of rent control ordinances to municipalities in Dade County, despite the provisions of new F.S. § 166.021(3)(d), now let us turn to the validity of the ordinance itself....

...Having found the ordinance to be deficient for these reasons, the other grounds asserted as invalidating the ordinance need not be considered. Accordingly, I concur in the majority opinion of the Court for the reasons set forth herein. OVERTON, J., concurs. OVERTON, Justice (concurring specially). I agree that Section 166.021, Florida Statutes, is constitutional and that the City of Miami Beach has the constitutional *770 authority to enact a rent control ordinance upon a finding that an emergency exists....

...pal functions and render municipal services ... except as otherwise provided by law." Art. VIII, § 2(b), Fla. Const. The Municipal Home Rule Powers Act recognizes these same powers of municipalities, limited only when "expressly prohibited by law." § 166.021(1), Fla....

...Whatever force this argument may have when applied to the state and its agencies (we do not decide that issue here), it ignores the broad powers conferred on municipalities to "exercise any power for municipal purposes, except when expressly prohibited by law." § 166.021(1), Fla....

...VIII, § 2(b), Fla. Const. ("Municipalities shall have governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, except as otherwise provided by law."); § 166.021(1), Fla....

...The court reasoned that if section 440.09(4) was valid before its repeal, the ordinance which was enacted under the city's home rule power must also be valid. It is this decision which was wrong and which misled the district court of appeal in this case. Section 166.021(3)(c), Florida Statutes (1987), which is part of the municipal home rule powers act, limits cities from legislating on any subject expressly preempted to state government by general law....

...rtment does not have the capacity to sue and be sued. See Florida Medical Ass'n, Inc. v. Spires, 153 So.2d 756, 757 (Fla. 1st DCA 1963). Under Florida law, municipalities have the power to sue and be sued. See Art. VIII, § 2(b), Fla. Const. (1968); § 166.021, Fla....

...Specifically, the court held that the City of Miami Beach could not adopt a rent control ordinance absent a legislative enactment authorizing the exercise of such power. Thereafter, in 1973, the legislature passed the Municipal Home Rule Powers Act. Included in this act was Fla. Stat. § 166.021(4) (1973) which stated: "The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution....

...recognition that the zoning power of municipalities now comes directly from the Constitution. The Municipal Home Rule Powers Act placed two pertinent exceptions upon the constitutionally-based legislative powers of municipalities. First, Fla. Stat. § 166.021(3)(b) (1973) provides that municipalities may not enact legislation concerning any subject expressly prohibited by the Constitution. Second, Fla. Stat. § 166.021(3)(c) (1973) states that municipalities may not enact legislation concerning any subject expressly preempted to state or county government by the Constitution or by general law....

...me Rule Powers Act in City of Miami Beach v. Forte Towers, Inc., Fla. 1974, 305 So.2d 764. The court held that the enactment of a rent control ordinance was not "expressly prohibited by law" and came within the grant of power contained in Fla. Stat. § 166.021(1)....

...The Florida Constitution grants municipalities "governmental, corporate and proprietary powers to enable them to ... render municipal services" and the right to "exercise any power for municipal purposes except as otherwise provided by law." Art. VIII, § 2(b), Fla. Const. See § 166.021(1), Fla....

...hat the State of Florida exercise more authority over manufacture and distribution of dangerous drugs, and WHEREAS, the inconsistencies in penalty provisions of current law demand amendment; NOW THEREFORE, .... Ch. 73-331, Laws of Fl. However, under section 166.021(3)(c), Florida Statutes (1981), the legislative body of a municipality may enact legislation concerning any subject except for those areas "expressly preempted" by the constitution or state law....

...d always be forced to litigate its disagreement, as happened here. It serves the public's benefit to resolve these controversies in a way which does not mandate the most expensive and least expeditious way of settling intergovernmental disputes. [4] Section 166.021(4), Fla....

...n held and prohibits the lease of a portion of the facility for forty-five years. We reject these contentions and find these provisions constitute limitations on the borrowing and leasing powers of the City of *654 Miami which have been nullified by section 166.021(4), Florida Statutes (1977)....

...The Act not only fails to incorporate restrictions set forth in municipal charters, but also specifically provides that "[a]ny other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed." § 166.021(4), Fla....

...regulation of the subject is pervasive and if further regulation of the subject by the junior legislative body would present a danger of conflict with that pervasive regulatory scheme. See 16 Am.Jur.2d, Constitutional Law, § 291. Florida law, under section 166.021, Florida Statutes (1981), which cites article VIII, section 2(b) of the Florida Constitution, includes a more restrictive application of the preemption doctrine, precluding preemption and leaving "home rule" to municipalities unless the legislature has expressly said otherwise....

...In Edwards this court held that in order for state legislation to be preemptive there must be an "express" reference to the subject in the state law "which is distinctly stated and not left to inference." Id. at 85. Whether general principles or the provisions of section 166.021 are followed, preemption appears to apply....

...ed property contained in chapter 705, Florida Statutes (1999). § 101.46(F), Ord. 2. The Law of Preemption In Florida, a municipality is given broad authority to enact ordinances under its municipal home rule powers. Art. VIII, § 2(b), Fla. Const.; § 166.021(1), (3)(c), (4), Fla....

...Miller, 148 Fla. 349, 4 So.2d 369, 370 (1941). [6] However, a change in this law occurred in 1973 when the Municipal Home Rule Powers Act was enacted. This act removed all general limitations on a municipality's power to legislate in a particular field. See § 166.021, Fla....

...ideration consistent with this opinion. It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, and CANTERO, JJ., concur. NOTES [1] We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. [2] Hereinafter cited as "§ 101.46, Ord." [3] Section 166.021 of the Municipal Home Rule Powers Act states in applicable part: (1) As provided in s....

...would undermine the requirements stated in the abovementioned authorities. The case of City of Boca Raton v. State, 595 So.2d 25 (Fla. 1992), relied upon by the County, does not compel a different result. The statutes involved in City of Boca Raton, section 166.021, Florida Statutes and Chapter 170, contain markedly different language than section 125.01....

...y of Boca Raton attempted to proceed under Chapter 170 to impose its special assessments, failed to comply with the requirements of Chapter 170, and then attempted to save its special assessments by declaring that it could levy the assessments under section 166.021....

...8, § 6(f), and municipalities in Florida "may exercise any power for municipal purposes except as otherwise provided by law." Id. art. 8, § 2(b). "Municipal purposes" in this context means any activity or power which may be exercised by the state or its political subdivisions. Fla. Stat. § 166.021(2) (1973)....

...hereof [sic]. If the Council deems the cause sufficient for removal, it shall remove the suspended officer and the vacancy shall be filled as herein prescribed. [4] The effect of the Municipal Home Rule Powers Act upon the City Charter is recited in Section 166.021(4) and (5), Florida Statutes (1977): (4) The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the Constitution....

...il is elected? A negative answer was rendered in City of Riviera Beach v. Witt, supra; the City is not bound to honor the contract beyond the term of the City Council which undertook the contract. We reach a different conclusion in this case because Section 166.021, Florida Statutes (1973) [1] effectively redefines the authority of the City Council to enter into longer term governmental function contracts with employees and this statute was not considered in our decision in City of Riviera Beach v....

...Although this statute can be characterized as an implementing statute under Art. VIII, Section 2(b), Florida Constitution we view it as expanding the authority of municipalities to govern and control themselves without state interference. [2] This Municipal Home Rule Powers Act says in Section 166.021(4), Florida Statutes (1973) "The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution....

...n retirement plans and that there is nothing providing that section 175.181 applies to municipalities which create their own retirement plans. Appellants maintain that section 175.181 does not expressly pre-empt ordinance number 80-42 as required by section 166.021(3)(c), Florida Statutes (1981) and, therefore, the ordinance should control....

...Appellee acknowledges that chapter 175 grants municipalities broad discretion in establishing their own retirement systems and death benefits. Appellee argues, however, that section 175.181 conflicts with the provisions of ordinance number 80-42, and in this situation, section 175.181 must prevail. Under section 166.021(3)(c), Florida Statutes, a municipality's power to legislate is limited where the subject has been expressly pre-empted to the state....

..., cities in Florida are given broad powers to act for "municipal purposes." [5] "Municipal purpose" is not a restrictive term. It is defined in the statute as "any activity or power which may be exercised by the state or its political subdivisions." § 166.021(2), Fla....

...[3] The charter provides that the county's ordinances prevail if it sets "minimal standards protecting the environment by prohibiting or regulating air or water pollution or the destruction of the resources of the county belonging to the general public. [4] Chapter 166, Fla. Stat. (1987). [5] § 166.021(1), Fla....

...any coal-fired electrical generating plant in Orange County. Appellees argue that under the Municipal Home Rule Powers Act cities may not legislate by passing an ordinance or charter amendment which involves the exercise of extraterritorial powers. Section 166.021, Florida Statutes (1983), while granting cities broad inherent home rule powers, expressly excepts certain designated powers including the "exercise of extraterritorial powers." [5] The statute further provides that the exercise of ex...

...carry into effect the provisions of this act." However, beyond that, appellees argue, cities who have been granted extraterritorial powers cannot change such powers granted to them by passing ordinances or amending their charters. Subsection (4) of section 166.021 prohibits any changes in a municipal charter or a special law which *1179 affect, among other things, "the exercise of extraterritorial powers or which affect an area which includes lands within and without a municipality... ." § 166.021(4), Fla....

...[13] The Municipal Home Rule Powers Act gives cities "governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, *1182 and may exercise any power for municipal purposes... ." § 166.021(1), Fla. Stat. (1983). "Municipal purpose" is defined in section 166.021(2) as " any activity or power which may be exercised by the state or its political subdivisions." (Emphasis supplied). The Act further provides that cities have the power to legislate "concerning any subject matter upon which the state legislature may act," except for four described areas. § 166.021(3), Fla....

...law." [14] (Emphasis supplied). The meaning of these excepted powers is not clear. [15] However, we do not think the 1968 Constitution or the Municipal Home Rule Powers Act abolished special or general laws which existed prior to their passage. See § 166.021(5), Fla....

...3d DCA), cert. dismissed, 268 So.2d 1 (Fla. 1972); 5 E. McQuillin, Municipal Corporations §§ 16.52, 16.68 (3d ed. 1981). [4] Dade County v. Dade County League of Municipalities, 104 So.2d 512 (Fla. 1958); E. McQuillin, supra note 3, at § 16.69. [5] § 166.021(3)(a), Fla. Stat. (1983). [6] Article VIII, section 2(c) of the Florida Constitution provides that the "exercise of extraterritorial powers by municipalities shall be as provided by general or special law." [7] Subsection (4) of section 166.021, Florida Statutes (1983) provides: The provisions of this section shall be so construed so as to secure for municipalities the broad exercise of home rule powers granted by the constitution....

...rnmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services and may exercise any power for municipal purposes except as otherwise provided by law. [14] See also § 166.021(1), Fla....

...iolated the Constitution and proceeded solely on the statutory allegations. [2] Sarasota is a charter municipality pursuant to article VIII, § 2(b) of the Florida Constitution and is governed by the Florida Municipal Home Rule Powers Act, Fla.Stat. § 166.021 which requires a referendum to change election plans....

...ted municipalities. Appellants contend that the "proposed rules are an attempt to preempt municipal authority over local law plans where no express preemption authority exists" in violation of Article VIII, section 2 of the Florida Constitution, and section 166.021(1), Florida Statutes (League's Initial Brief, p....

...Express Preemption of Municipal Power We agree that the hearing officer erred in applying the third prong of the Department's test as the method for determining which provisions of chapter 175 are now applicable to local law plans. That prong fails to give effect to Article VIII, section 2 of the Florida Constitution and section 166.021, Florida Statutes, requiring express preemption of municipal legislative authority....

...except as otherwise provided by law." The legislature has given full effect to this constitutional grant of authority, providing by statute that municipalities "may exercise any power for municipal purposes, except when expressly prohibited by law." § 166.021(1), Fla....

...lities "may enact legislation concerning any subject matter upon which the state Legislature may act" subject to specified exceptions including, "Any subject expressly preempted to a state or county government by the constitution or by general law." § 166.021(3), Fla. Stat. (1987). To secure judicial recognition of this broad grant of legislative powers to municipalities, the legislature further provided in section 166.021(4): The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution....

...law except in those areas where the subject matter has been expressly preempted by the constitution or state law or when the ordinance directly conflicts with state law." State v. Redner, 425 So.2d 174, 175 (Fla.2d DCA 1983). The concept embodied in section 166.021(3)(c) recognizes that "a municipality's power to legislate is limited where the subject has been expressly pre-empted to the state" and that, "Express pre-emption requires a specific statement; the pre-emption cannot be made by implic...

...It is readily apparent, therefore, that the legislature explicitly identified, by reference to specific sections in chapter 175, which standards and procedures it expressly preempted to the state, both before and *859 after the 1986 amendments. In doing so, the legislature complied with the preemption requirements in section 166.021....

...independently with respect to firefighters' pension plans because it preserved the distinction between chapter plans and local law plans. Section 175.021, as amended, did not contain any language that addressed the express preemption requirement of section 166.021(3)(c); yet both the Department and the hearing officer have necessarily relied upon implications based on the amended statutory intent language to uphold the Department's new construction of the chapter and the proposed rules implementing that construction....

...preempt the registration of boats. Absent such preemption, municipalities may enact such legislation concerning any subject as may be necessary to the proper functioning of the municipal government. Article VIII, Section 2(b), Florida Constitution; Section 166.021(3)(c), Florida Statutes (1979)....

...In so ruling, the court found that as a matter of law, the Ad Hoc Independent Review Panel did not have the authority to issue subpoenas and to compel attendance of witnesses to its proceedings. The appellants and the amicus curiae point to Article VIII, Section 2 of the Florida Constitution (1968), and Section 166.021(1), (4), Florida Statutes (1987), as giving the city the power to enact the resolution in question and make the delegation of *935 subpoena power, because the legislative action meets both the municipal purposes test and was not expre...

...This court takes judicial notice of the foregoing pursuant to Section 90.202(12), Florida Evidence Code, (1990), since they are facts not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. [2] Section 166.021(3)(d), Florida Statutes, (1987), reads as follows: "The Legislature recognizes that pursuant to the grant of power set forth in § 2(b), Art....

...vernment, that is to say, dispensing or exercising some element of sovereignty. Id. at 645. But even if the subject matter were governmental, those authorities would not control because the foregoing rule is no longer operative in Florida in view of Section 166.021(4), Florida Statutes (1977). [2] In a recent case [3] involving this same point we held that Section 166.021(4) authorized a city council to enter into contracts, governmental or proprietary in substance, which extended beyond the term of office of the council....

...Witt, supra . Thus, we conclude that, absent some Charter or Ordinance limitation, a city council, or a mayor if so authorized, can contract for a period in excess of its term. In the instant case the broad grant of authority delegated to municipalities under Section 166.021(4) is of no consequence since Mayor Miller failed to follow the proper procedural requirements outlined in a town ordinance dealing with employment contracts....

...or service organization," prevented the city from contracting with a non-profit organization to provide a child daycare center. Id. at 1278. The city possessed broad home rule powers under Article VIII, section 2(b) of the Florida Constitution, and section 166.021(4), Florida Statutes (1979), to act for a "municipal purpose." Id....

...1983), we noted that the 1968 Florida Constitution and the Municipal Home Rule Powers Act promulgated pursuant to it extend to municipalities the right to exercise all powers for municipal purposes which are not expressly prohibited by the constitution, general or special law, or county charter. See § 166.021(4), Fla....

...Legislative statutes are relevant only to determine limitations of authority. See also City of Boca Raton v. Gidman, 440 So.2d 1277, 1280 (Fla. 1983). Chapter 166, Florida Statutes (1981), known as the "Municipal Home Rule Powers Act" re-emphasizes the broad grant of power given to municipalities in section 166.021: (1) As provided in article VIII, section 2(b) of the state constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and r...

...Here, there was no finding below, nor have we been able to discover, any constitutional provision or enactment which prohibits a city from selling souvenir photographs such as the ones in this case. Thus, the only question is whether such sales constitute a municipal purpose. Section 166.021(2), defines "municipal purpose" as "any activity or power which may be exercised by the state or its political subdivision." In determining whether an activity is a valid "municipal purpose", review of case law regarding what constitutes a "municipal purpose" is necessary....

...torney's fees. We therefore find it unnecessary to address these points. A threshold determination in our examination of the ordinance is whether the ordinance is for a valid "municipal purpose." State v. City of Sunrise, 354 So.2d 1206 (Fla. 1978). Section 166.021(2), Florida Statutes (1981), defines "municipal purpose" as "any activity or power which may be exercised by the state or its political subdivisions." Clearly, the state has the power by statute to authorize an award of attorney's fees and costs in legal proceedings....

...efinition of "municipal purpose," three further limitations upon the constitutional home rule powers of a municipality must be examined. First, a municipality may not enact legislation concerning any subject expressly prohibited by the constitution. § 166.021(3)(b), Fla. Stat. (1981). Second, a municipality may not enact legislation concerning any subject expressly preempted to state or county government by the constitution or by general law. § 166.021(3)(c), Fla. Stat. (1981). Third, a municipality may not exercise any power for municipal purposes which is expressly prohibited by law. § 166.021(1), Fla....

...Nothing in the constitution expressly preempts the subject of public nuisance and its abatement exclusively to state or county government. The only remaining question would be whether the legislature has preempted the area or conferred it exclusively to state or county government by general law. § 166.021(3)(b), Fla....

...r government, to prescribe their jurisdiction and powers, and to alter or amend the same at any time." Under the former constitution the legislature had plenary power over municipalities. E.g., State v. City of Boca Raton, 172 So.2d 230 (Fla. 1965). Section 166.021, Florida Statutes (1985), now provides in pertinent part: (1) As provided in s....

...the City’s lien was recorded. Palm Bay sought review, and we accepted jurisdiction based on the Fifth District’s certification of the following question of great public importance: Whether under Article VIII, section 2(b), Florida Constitution, section 166.021, Florida Statutes and Chapter 162, Florida Statutes, a municipality has the authority to enact an ordinance stating that its code enforcement liens, created pursuant to a code enforcement board order and recorded in the public records...

..., corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law.” (Emphasis added). Section 166.021, Florida Statutes (2004), contains general provisions governing the exercise of municipal powers under the framework established in article VIII, section 2(b). Section 166.021(1) states: “As provided in s....

...VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law.” Section 166.021(3) provides in pertinent part as follows: The Legislature recognizes that pursuant to the grant of power set forth in section 2(b), Art....

...n of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid.” II. ANALYSIS Based on the provisions of article VIII, section 2(b), Florida Constitution, and the related provisions in section 166.021, we have acknowledged that “[i]n Florida, a municipality is given broad authority to enact ordinances under its municipal home rule powers.” City of Hollywood v. Mulligan, 934 So.2d 1238, 1243 (Fla.2006). We have also stated that — as is recognized in section 166.021 — “a municipality may legislate concurrently with the Legislature on any subject which has not been expressly preempted to the State.” Hollywood, 934 So.2d at 1243 ....

...o craft their own exceptions to general state laws.” 5 McQuillin Mun. Corp. § 15:18 (3d ed. 2012). Although municipalities generally have “the power to enact legislation concerning any subject matter upon which the state Legislature may act,” § 166.021(3), Fla....

...A municipality may exercise any governmental power for a municipal purpose except when expressly prohibited by law, and a municipality may legislate on any subject matter on which the legislature may act, except those subjects described under paragraphs (a) through (d) of section *556 166.021(3), Florida Statutes (1989)....

...ment board may authorize the local governing body attorney to foreclose on the lien. No lien created pursuant to the provisions of this chapter may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. [2] Section 166.021(3): (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s....

...Commission, 364 So.2d 109 (Fla. 1st DCA 1978). However, our reading of Chapter 447 leaves us with some degree of apprehension about the validity of those opinions because we fail to find in Chapter 447 the express preemption (as opposed to preemption by implication) required by Section 166.021(3)(c), Florida Statutes (1981)....

...l a shopping cart retention system. We agree with the City that the ordinance is constitutional. A municipality *209 may, under its broad home rule powers, enact local ordinances that are not inconsistent with general law. Art. VIII, § 2(b) Const.; § 166.021(3)(c), Fla....

...As for section 202.1, a reasonable interpretation of it is that where a service is being performed by a city, the county may not assume it unless requested. Here, the County has not assumed a city service because the City continues to operate its own system under authority of section 166.021, Florida Statutes, and the County operates its own system as authorized by article VIII, section 1(g), Florida Constitution, and section 125.01(1)(f), Florida Statutes....

...tion for injunction against the enforcement by the defendant, City of Miami Beach, of Ordinance No. 74-2018, the Rent Stabilization Law. In City of Miami Beach v. Forte Towers, Inc., 305 So.2d 764 (Fla. 1974), the Supreme Court of Florida ruled that Section 166.021, Florida Statutes, the home rule statute, was constitutionally valid and that the City of Miami Beach was authorized to enact rent control measures, provided sufficient objective guidelines and standards were utilized for delegation of the legislative powers of the City to the rent control administrator....

...Pursuant to that decision, the City of Miami Beach passed a revised rent control ordinance, which is the subject of the instant action for injunction. *234 The final judgment in this case contained the following findings of fact: that the City of Miami Beach had the power and legal authority under Section 166.021(1), Florida Statutes, to enact Ordinance 74-2018; that the ordinance was validly enacted in accordance with the mandatory provisions of Section 9 of the Charter of Miami Beach, which provides for the adoption of ordinances to meet pub...

..."The city contends that its position is consistent with the decentralization philosophy expressed by the constitutional and legislative "Home Rule" provisions. However, Article VIII, Section 2(b) of the Florida Constitution establishes a grant of powers to municipalities `except as otherwise provided by law,' and Fla. Stat. § 166.021(3)(c) (1973) provides that municipalities may enact legislation upon any *113 subject matter except those `expressly preempted to state ......

...e the unlawful exposure or exhibit of the sexual organs, genitals, buttocks or breasts of any person... within the confines of such commercial establishment" was held unconstitutional as being void for vagueness. [1] Art. VIII, § 2(b), Fla. Const.; § 166.021(1), (2), Fla....

...Moreover, article VIII, section (6)(f), Florida Constitution, provides that "[t]o the extent not inconsistent with the powers of existing municipalities or general law, the Metropolitan Government of Dade County may exercise all the powers conferred now or hereafter by general law upon municipalities." Section 166.021(3), Florida Statutes (1981), grants to municipalities the power to enact legislation concerning any subject matter upon which the state legislature may act....

...[3] Although we held in White Egret that age restrictions were not per se unreasonable or unconstitutional, we found the particular provision in question in White Egret to be unenforceable due to the condominium association's arbitrary and selective enforcement of the covenant. [4] Section 166.021(3), Fla....

...Const.; (2) any subject expressly prohibited by the constitution; (3) any subject expressly preempted to the state or county by the constitution or general law; or (4) any subject preempted to the county pursuant to a validly adopted county charter. Id. § 166.021(3)(a)-(d)....

...We therefore reverse the decision of the circuit court and remand with orders that the Authority's demand for injunctive relief be granted and that ordinances 84-12 through 84-15 of the City Commission of the City of Lake Worth be declared void as violative of section 166.021, Florida Statutes (1983)....

...Instead, we consider the ordinance in light of the Forfeiture Act. We agree with the owners that the Forfeiture Act preempts the City's ordinance. Municipal ordinances must not conflict with any controlling provision of a state statute. Thomas v. State, 614 So.2d 468, 470 (Fla.1993). Section 166.021(3), Florida Statutes, of Florida's Municipal Home Rule Powers Act states that cities may not legislate in an area expressly preempted by state legislation....

...lity. Boca Raton v. Gidman, 440 So.2d 1277 (Fla.1983). In 1973, the Legislature implemented the will of the people and made clear its intent to allow broad exercise of home rule powers granted by the constitution. The Municipal Home Rule Powers Act, section 166.021(4), Florida Statutes (1979), provides in part that [i]t is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibite...

...otherwise provided by law. Art. VIII, § 2(b), Fla. Const.; Ch. 166, Fla. Stat. (1987). The term "municipal purpose" is not a restrictive term and is defined as any activity or power which may be exercised by the state or its political subdivisions. § 166.021(2), Fla. Stat. (1987). See also Ormond Beach v. County of Volusia, 535 So.2d 302 (Fla. 5th DCA 1988). Section 166.021(3) specifically provides that: The Legislature recognizes that pursuant to the grant of power set forth in s....

...ity of Clearwater after January 1, 1945, who shall at the time of hire be over the age of forty-five (45) years." The pension plan became a City Ordinance by operation of law in 1973 when the Legislature enacted the "Municipal Home Rule Powers Act." § 166.021(5), Fla.Stat....

...Under the Florida Constitution, cities in Florida possess the power to: "[E]xercise any power for municipal purposes except those otherwise provided by law." Art. VIII § 2(b), Fla. Const. "`Municipal purpose' means any activity or power which may be exercised by the state or its political subdivisions." § 166.021(2) Fla.Stat....

..."[T]he legislative body of each municipality has the *486 power to enact legislation concerning any subject matter upon which the state Legislature may act, except: ... (c) Any subject expressly preempted to state or county government by the constitution or by general law." § 166.021(3)....

...The Hialeah ordinance at issue in this case does not “expressly” characterize a successor’s partial term (filling a vacancy in the office of Mayor) as a “term” for purposes of the term limitations in section 2.01(d). Martinez’s final argument is that section 166.021(4), Florida Statutes (2017), precludes the City from (in effect) modifying the term limitation provision of the City ordinance “without approval by referendum of the electors.” Martinez asserts that it would be necessary for th...

...rpose merely because the cost to acquire a portion of the tract is more than the cost of acquiring the entire tract." Nye, 559 So.2d at 362. The City contends that under its home rule powers, article VIII, section 2(b), Florida Constitution, [2] and section 166.021, Florida Statutes (1989), [3] it may exercise any power for a municipal purpose except when expressly prohibited by law....

...City of Sunrise, 354 So.2d 1206 (Fla. 1978). The "Municipal Home Rule Powers Act," enacted by the legislature in 1973, [5] states that as provided by the Florida Constitution municipalities "may exercise any power for municipal purposes, except when expressly prohibited by law." § 166.021(1), Fla....

...Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Each municipal legislative body shall be elective. [3] Section 166.021, Florida Statutes (1989), provides, in pertinent part: (1) As provided in Art....

...ate to repeal a statute which grants the right to a proceeding of the circuit court in lieu of an administrative hearing or to divest the circuit court of jurisdiction to render declaratory judgments under Chapter 86, Florida Statutes. While Chapter 166.021, Florida Statutes (1973), the Municipal Home Rule Powers Act, generally gives a municipality the power to enact legislation concerning any subject matter upon which the state legislature may act, section 166.021(3)(c) limits its power where a subject is preempted to state or county government by the Constitution or by general law....

...While the authority given to cities and counties in Florida is broad, both the constitution and statutes recognize that cities and counties have no authority to act in areas that the legislature has preempted. See, e.g., art. VIII, §§ 1(f), 1(g), 2(b), Fla. Const.; §§ 125.01, 166.021, Fla....

...2315, 85 L.Ed.2d 835 (1985); Speer v. Olson, 367 So.2d 207 (Fla. 1978). In an analogous situation, this Court held that the City of Miami had no authority to regulate the payment of workers' compensation benefits. Barragan v. City of Miami, 545 So.2d 252 (Fla. 1989). We explained: Section 166.021(3)(c), Florida Statutes (1987), which is part of the municipal home rule powers act, limits cities from legislating on any subject expressly preempted to state government by general law....

...subject as a matter of its inherent legislative power. Article VIII, § 6(f), Florida Constitution, provides that "the Metropolitan Government of Dade County may exercise all the powers conferred now or hereafter by general law upon municipalities." Section 166.021(3), Fla....

...issue a refund to all property owners who had paid the assessment. This appeal followed. ANALYSIS The City of Pembroke Pines, a municipal corporation of the State of Florida, is authorized by Article VIII, Section 2, of the Florida Constitution, and section 166.021, Florida Statutes (1995), to impose special assessments against real property....

...nt domain can be exercised to accomplish. Indeed, the railroad makes no contention to the contrary. Finally, we see nothing in the Municipal Home Rule Powers Act [Ch. 166, Fla. Stat. (1977)] which repeals or supersedes the above special act. Indeed, Section 166.021(4), Florida Statutes (1977), expressly continues such special acts by providing in pertinent part as follows: "However, nothing in this act shall be construed to permit any changes in a special law ... which affect an area which includes lands within and without a municipality... ." § 166.021(4), Fla....

...The petitioner's main contention is that the Jupiter Island zoning requirement that structures be set back at least 30 feet from the public right of way conflicts with and is preempted by Chapter 161, Florida Statutes, which sets forth a comprehensive scheme for beach and shore preservation statewide. We cannot agree. Section 166.021(3)(c), Florida Statutes (1983) provides that the legislative body of a municipality may not legislate on "any subject expressly preempted to state or county government by the constitution or by general law" (emphasis added)....

...said to represent official policy. Id., 436 U.S. 658, 658-59, 56 L.Ed.2d 611, 615-16, 98 S.Ct. 2018, 2019. [Emphasis added.] Florida law provides that counties and municipalities have the power to sue and be sued. See, Art. VIII, Fla. Const. (1968); § 166.021, Fla.Stat....

...The Florida Supreme Court in State v. City of Miami, 379 So.2d 651 (Fla. 1980), has held that Section 74 of the City of Miami Charter — upon which the plaintiff Rolle asserts his right to vote here — is invalid under the Municipal Home Rule Powers Act [§ 166.021, Fla....

...t been held and prohibits the lease of a portion of the facility for forty-five years. We reject these contentions and find these provisions constitute limitations on the borrowing and leasing powers of the City of Miami which have been nullified by section 166.021(4), Florida Statutes (1977)....

...The Act not only fails to incorporate restrictions set forth in municipal charters, but also specifically provides that `[a]ny other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed.' § 166.021(4), Fla....

...Our decision is in accordance with an opinion rendered by the attorney general. See 1973 Op.Atty.Gen. Fla. 073-446 (November 29, 1973)." Id. at 653-54. It is clear from the reasoning of this decision that the subject charter provision must also fall under the Municipal Home Rule Powers Act [§ 166.021, Fla....

...he city commission without submitting same to a referendum. In any event, it is clear beyond dispute that the subject charter provision has been struck down by the Florida Supreme Court as having been nullified by the Municipal Home Rule Powers Act [§ 166.021, Fla....

...forcement agencies only in solving major crimes, the Palm Beach Police Department is on its own in solving local burglaries and thefts. 11. In an attempt to reduce its crime rate and pursuant to authority granted by the state enabling act, Fla.Stat. § 166.021, Municipal Home Rule Powers Act, Palm Beach in 1958 enacted Article V, Sections 17-92 and 17-94 of the Town of Palm Beach Code....

...dards and therefore were not legal. Respondent city points out the existence of certain standards made applicable by virtue of its home rule powers, in addition to the landscape standard contained in a city ordinance applicable to condition one. See section 166.021, Florida Statutes (1983)....

...Section 2(b) grants to each municipality the authority to conduct municipal government, perform municipal functions, render municipal services and exercise any *962 power for municipal purposes, unless expressly prohibited by the constitution, general or special law or county charter. See § 166.021(4), Fla....

...allahassee, Leon County, Florida. This property is the subject of the current lawsuit. [2] 3. Defendant CITY OF TALLAHASSEE is a municipal corporation which has the authority to enact zoning ordinances pursuant to the Municipal Home Rule Powers Act, Section 166.021, Florida Statutes....

...ague, and (3) the charter amendment is not unconstitutionally overbroad. LAW A municipality has the power to enact legislation concerning a subject matter upon which it may act unless it is preempted by a state or county constitution or general law. Section 166.021(3)(c), Florida Statutes....

...e pursuant to a Trust Indenture. The state filed this appeal, contending that the city does not have the power to issue this type of bond and that the issuance of the bonds is not for a valid public purpose. The state's first argument is premised on section 166.021(3)(c), Florida Statutes (1979), which states that municipalities have the power to enact legislation concerning any subject matter upon which the state legislature may act except those subjects "expressly preempted to state or county government by the Constitution or by general law......

chapter 166, Florida Statutes. For example, section 166.021(3)(c), Florida Statutes states: The Legislature

...es broad "governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services" and to "exercise any power for municipal purposes." Art. VIII, § 2(b), Fla. Const.; § 166.021, Fla....

...ng provision of a statute." See Thomas v. State, 614 So.2d 468, 470 (Fla.1993)) ("A municipality cannot forbid what the legislature has expressly licensed, authorized or required, nor may it authorize what the legislature has expressly forbidden."). Section 166.021(3) recognizes that cities may not legislate in an area expressly preempted by state legislation. See Art. VIII, § 2(b), Fla. Const. and § 166.021(3), Fla....

...VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law." § 166.021(1), Fla....

...se any power for municipal purposes except as otherwise provided by law. Each municipal legislative body shall be elective. Art. VIII, § 2(b), Fla. Const. This provision confers broad home rule powers to municipalities, as recognized in section 166.021(4), Florida Statutes (2020)....

...See § 166.041(3)(c); Hillsborough Ass'n for Retarded Citizens v. City of Temple Terrace, 332 So. 2d 610, 612-13 (Fla. 1976) (providing that the "zoning power of municipalities . . . is derived from Article VIII, s 2(b) of the Florida Constitution by way of the" home rule act of section 166.021)....

...Indeed, as we have already noted, decisions on site-specific rezoning requests are, by their nature, quasi-judicial because they affect identifiable parties and interests and involve policy application. See Snyder, 627 So. 3d at 474. Further, nothing in section 166.021, which "contains general provisions governing the exercise of municipal powers under the framework established in article VIII, section 2(b)," City of Palm Bay v....

...oprietary purposes not expressly prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited." § 166.021(4) (emphasis added)....

...4th DCA 1985), a case where a new ordinance doubled levied taxes, is inapplicable. As a general matter, Florida municipalities possess broad authority to enact ordinances. City of Hollywood v. Mulligan , 934 So. 2d 1238 , 1243 (Fla. 2006) (citing Florida Constitution, Art. VIII, § 2 (b); Fla. Stat. § 166.021 (1), (3)(c), (4) )....

...Upon consideration of Appellant's motion for certification, we grant same and certify the following rephrased question to the Florida Supreme Court as one of great public importance: Whether, under Article VIII, section 2(b), Florida Constitution, section 166.021, Florida Statutes and Chapter 162, Florida Statutes, a municipality has the authority to enact an ordinance stating that its code enforcement liens, created pursuant to a code enforcement board order and recorded in the public records...

...& Emp’t Appeals Bd. v. Sunrise Vill. Mobile Home Park, Inc., 511 So.2d 962, 965 (Fla.1987) (noting that under Florida’s Constitution, the government of Miami-Dade County may exercise the same legal powers as any other municipality, and that under section 166.021(3), municipalities may “enact legislation concerning any subject matter upon which the state legislature may act”)....

...of municipalities “to conduct municipal government, perform municipal functions and render municipal services,” and it specifically recognizes that municipalities “may exercise any power for municipal purposes except as otherwise provided by law.” (Emphasis added.) See also § 166.021, Fla....

...“secure for municipalities the broad exercise of home rule powers granted by the constitution” and to “remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited.” § 166.021(4), Fla....

...was the driver of the vehicle. The Florida Constitution imparts home rule to municipalities, as Article VIII, section 2(b) provides that municipalities “may-exercise any power for municipal purposes except as otherwise provided by law.” However, section 166.021, Florida Statutes (2011), which codified Article VIII, limits that power where it states: (1) As provided in s....

...green indication is shown on the traffic control signal.” (emphasis added). It is clear that the City’s ordinance regulates identical conduct that is covered by chapter 316, Florida Statutes. 8 Accordingly, the City’s ordinance is contrary to section 166.021(3)(c) as it is expressly preempted by law....

...overnment, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. See also § 166.021, Fla....

...A municipal purpose means any activity or power which may be exercised by the state or its political subdivision. Moreover, the legislature has specifically removed any judicially imposed limitations which serve to limit the exercise of proprietary powers by a municipality. See § 166.021(4), Fla....

...er or jurisdictions of a particular municipality except as otherwise provided in Subsection (4) shall become an ordinance of that municipality on the effective date of this Act, subject to modification or repeal as other ordinances." Florida Statute § 166.021(5)....

...ise any power for municipal purposes except as otherwise provided by law.” Thereafter, the Legislature enacted the Municipal Home Rule Powers Act, which is now codified in chapter 166, Florida Statutes. See City of Boca Raton, 595 So.2d at 27-28 . Section 166.021, Florida Statutes (2008), grants municipalities the powers needed to perform the functions of municipal government so long as the power is exercised for a municipal purpose, which is defined in section 166.021(2), Florida Statutes (2008), as “any activity or power which may be exercised by the state or its political subdivisions.” However, section 166.021(3), Florida Statutes (2008), explains that, despite broad home rule powers, municipalities may not legislate regarding subjects expressly prohibited by the constitution and subjects expressly preempted to state or county government by the constitution, by general law, or by county charter. In this case, NPRDD’s special assessments on West Villages’ property fall within the limitations on home rule powers delineated in section 166.021(3) because (i) West Villages is not authorized by law to pass through NPRDD’s special assessments to the property assessed separately by West Villages, and (ii) NPRDD is prohibited by the constitution from compelling payment by the Florida Legislature....

...les v. Children A, B, C, D, E, & F, 589 So.2d 260, 265 (Fla.1991). Accordingly, because there is no way for West Villages to lawfully pay the special assessments, NPRDD’s assessments fall within the limitations on home rule powers set forth in section 166.021(3)....

...est. I frame the issue this way because, as the majority observes, if a municipality is to exercise powers outside its borders, the authority to do so must come from the Legislature by general or special law. Art. VIII, § 2(c), Fla. Const.; see § 166.021(3)(a), (4), Fla....

...The tenant contended that the municipality has only the authority to take land by eminent domain for the municipal purpose and therefore has no authority to take the 10 foot remainder. The municipality contended that under its home rule powers, Art. VIII, section 2(b), Fla. Const., and section 166.021, Florida Statutes, it may exercise any power for municipal purposes except when expressly prohibited by law. "Municipal purpose" is defined as "any activity or power which may be exercised by the State or its political subdivisions", § 166.021(2), Fla....

except when expressly prohibited by law." Section 166.021(4), F.S., further provides that the provisions

...10 As authority for the development district to provide cable television services you rely on a series of cases dealing with the City of Niceville's proposal to create a municipally owned cable television station. 11 Municipalities, unlike special districts, possess home rule powers and, as stated in section 166.021 , Florida Statutes, municipalities "may exercise any power for municipal purposes, except when expressly prohibited by law." 12 Such is not the case with special districts, which are strictly limited to the exercise of those powers expressly granted to them by the Legislature....

...City of Niceville, 911 F.2d 634 (11th Cir. 1990), reh. den. 920 F.2d 13 (1990), cert. den. 501 U.S. 1222 (1991) dealing with U.S. constitutional claims of a violation of the first amendment; Warner Cable Communications, Inc. v. City of Niceville, 581 So.2d 1352 (Fla. 1st DCA 1991). 12 Section 166.021 (1), Fla....

to municipalities broad home rule powers. Section 166.021(1) states: As provided in s. 2(b), Art

...y powers to enable them to conduct municipal government, perform municipal functions and *782 render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Art. VIII, § 2(b), Fla. Const.; see also § 166.021(1), Fla....

to municipalities broad home rule powers. Section 166.021(1) states: As provided in s. 2(b), Art

...See, e.g ., AGO's 076-197, 075-173 and 074-371. The Municipal Home Rule Powers Act, part I, ch. 166 , F.S., provides that any limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, except for those subject matters enumerated in s. 166.021 (4), F.S., `is hereby nullified and repealed.' Section 166.021 (4), F.S. This office has recently opined that the reading requirements for the enactment of a municipal ordinance contained in a charter do not fall within the several exceptions specified in s. 166.021 (4), and that therefore, the procedural requirements for legislative or ordinance-making action of the governing body of a municipality are governed by the provisions of s....

...is selected with its election schedule. Such organizational meetings would be held yearly although elections occur only every other year. You, therefore, ask whether the provisions of this charter provision may be amended by ordinance. You refer to section 166.021 (5), Florida Statutes, which provides that "[a]ll existing special acts pertaining exclusively to the power or jurisdiction of a particular municipality except as otherwise provided in subsection (4) shall become an ordinance of that municipality on the effective date of this act, subject to modification or repeal as other ordinances." Section 166.021 (4), Florida Statutes, provides in part: "It is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the co...

...ed pursuant to general or special law. The Florida Legislature, with the 1973 adoption of the Municipal Home Rule Powers Act, Chapter 166 , Florida Statutes, granted municipalities broad home rule powers. In order to implement such a grant, sections 166.021 (4) and (5), Florida Statutes, repealed or converted into ordinances many of the provisions of municipal charters in existence at that time. Thus, municipal charter provisions adopted prior to 1973 that do not affect the enumerated areas set forth in section 166.021 (4) were either repealed or converted into ordinances and are subject to modification or repeal as are other ordinances....

...You have advised this office that while the original charter for the City of Lauderdale Lakes was enacted by special act in 1961, the charter of the City of Lauderdale Lakes has been readopted by the electorate since the creation of home rule powers for municipalities in 1973. 4 Thus, the provisions of section 166.021 (5), Florida Statutes, would not appear to be applicable. However, as noted above, section 166.021 (4), Florida Statutes, provides in pertinent part: "[N]othing in this act shall be construed to permit any changes in a....

...ying periods for candidates, including any changes in terms of office necessitated by such amendment, without a referendum. 6 The title for Chapter 95-178 , Laws of Florida, states in pertinent part: "An act relating to municipal elections; amending s. 166.021 , F.S.; authorizing amendment of a special law or municipal charter for the purpose of changing election dates and qualifying periods for candidates, including any changes in terms of office necessitated thereby, without referendum; creating s....

...ional meeting of the newly elected city council, absent referendum approval. The proposed change to the date of the organizational meeting, however, was not the result of any change in the election date of the city council members as contemplated by s. 166.021 (4), Fla....

conduct municipal government.3 Pursuant to section 166.021(1), Florida Statutes, municipalities are granted

VIII, section 2(b), Florida Constitution, or section 166.021, Florida Statutes, to regulate the code enforcement

...73-208, Laws of Florida (s 125.01 [4], F.S.), and the Board of County Commissioners of Metropolitan Dade County is prohibited from adopting such a regulation except with respect to the imposition of excise taxes if otherwise authorized by general law. Section 166.021 (2) provides for a grant of broad home rule owers to municipalities, but s 166.021 (3)(c) expressly provides that `[a]ny subject expressly preempted to state ....

...ies on state-owned public beaches which has been preempted by the state or is inconsistent or conflicts with laws or other regulations enacted or adopted by the state regulating such matters'); and AGO 071-337. In light of the express language of ss 166.021 (3)(c) and 370.102, F.S., and the conclusions set forth in AGO's 075-167 and 074-161, your question must be answered in the negative....

, and BOARDMAN and SCHEB, JJ., concur. . Section 166.021(4), F.S.1973. . Out of fourteen administrative

bargaining unit require a referendum? In sum: Section 166.021(4), Florida Statutes, requires referendum approval

and have not been readopted since that time. Section 166.021(1), F.S. (1992 Supp.), of the Municipal Home

Dear Mr. Cheek: On behalf of the City Commission of the City of Winter Park, you have asked for my opinion on substantially the following question: Whether, pursuant to section 166.021 , Florida Statutes, a municipality is precluded from adopting an ordinance providing a method for filling vacancies on appointive municipal boards if the municipal charter includes a provision authorizing the mayor to annually appoint members of these boards. In sum: Local legislation providing for filling vacancies on appointive municipal boards would not appear to violate the prohibition contained in section 166.021 (4), Florida Statutes, precluding charter amendments dealing with "matters prescribed by the charter relating to appointive boards" as the municipal charter in this case contains no provision for filling vacancies on such boards....

..."alternate" members of many city boards and commissions to automatically advance to open board positions on the board on which they serve in the case of a vacancy on that board. You have asked whether such an ordinance may violate the provisions of section 166.021 (4), Florida Statutes, by effectively amending the city charter through the process of adopting an ordinance. Section 166.021 (4), Florida Statutes, recognizes the constitutional grant of home rule powers to municipalities, with the noted exception that no changes may be made to a special law or municipal charter: "which affect the exercise of extraterritori...

...Because the provisions of the proposed ordinance would not affect the charter provision authorizing the mayor to make annual appointments to city boards, it does not appear that the proposed ordinance would act as a charter amendment in possible violation of section 166.021 , Florida Statutes, or section 166.031 , Florida Statutes....

...4 The charter for the City of Winter Park was adopted by referendum in 1983. Thus, the procedure for amending municipal charters in section 166.031 prevails and would require referendum approval for any changes to the city's charter, except those specifically enumerated in sections 166.021 and 166.031 , Florida Statutes....

...2 In a number of previous opinions, this office has stated that a local government or its governing body derives no delegated authority from Chapter 162 , Florida Statutes. Further, municipalities derive no home rule power from Article VIII , section 2 (b), Florida Constitution, or section 166.021 , Florida Statutes, to regulate the code enforcement boards or to impose any duties or requirements on such boards or to otherwise regulate the statutorily prescribed enforcement procedure....

...t exclusio alterius . 3 Thus, it is my opinion that section 316.00825 does not provide authority for municipalities to abandon roads and rights-of-way and simultaneously convey the municipalities' interest in such roads to a homeowners' association. Section 166.021 (1), Florida Statutes, a provision of the "Municipal Home Rule Powers Act," states that municipalities may exercise any power for municipal purposes except when expressly prohibited by law. Section 166.021 (3), Florida Statutes, provides that pursuant to the authority set forth in section 2 (b), Article VIII , Florida Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject upon w...

...islature may act except, among other things, any subject that is expressly prohibited by the Constitution or any subject that is expressly preempted to state or county government by the Constitution or by general law. 4 The term "express" as used in section 166.021 , Florida Statutes, has been construed to mean a reference that is distinctly stated and not left to inference....

...st jurisdiction of violation of this chapter in the local court." This statute restricts local governments from enacting or enforcing local legislation on a matter covered by Chapter 316 , Florida Statutes, unless expressly authorized to do so. 6 As section 166.021 (1), Florida Statutes, makes clear, a municipality possesses no home rule authority to act against the terms of an express statutory prohibition. Section 316.007 , Florida Statutes, presents such a prohibition. Further, section 166.021 (3)(c), Florida Statutes, precludes a municipality from enacting legislation on a subject preempted by general law to a county....

...Section 316.007 reserves to counties the authority to abandon roads, rights-of-way, and appurtenant drainage facilities to homeowners' associations and acts as a preemption of this matter to the counties. Therefore, I am of the opinion that municipalities are precluded by the terms of sections 166.021 (3)(c) and 316.007 , Florida Statutes, from abandoning roads and rights-of-way dedicated in a recorded residential subdivision plat and simultaneously conveying their interest in such roads, rights-of-way, and appurtenant drainage facilities...

...00-37 (2000) (expenditure of funds strictly limited to those purposes and projects recognized by the statute); 00-25 (2000) (specific enumeration in statute of those projects for which tourist development tax revenues may be spent implies the exclusion of others). 4 Section 166.021 (3)(b) and (c), Fla....

...ict and whether it unconstitutionally impacts those lands. The Legislature has imbued municipalities with broad powers to govern and has provided that they “may exercise any power for municipal purposes, except when expressly prohibited by law.” § 166.021(1), Fla....

...With respect to special laws, “[i]t is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or special law, or county charter....” See § 166.021(4), Fla....

...unicipal ordinances and codes dealing with the issuance of permits for home solicitation sales, door-to-door sales, and door-to-door canvassing or peddling," and further expressly providing that such ordinances and codes were to be thereby repealed. Section 166.021 (1) and (3)(c), F.S., respectively provide in pertinent part that "municipalities ....

charter amendment may require a referendum. Section 166.021(5), F.S., provides: (5) All existing special

...ity of Tallahassee could not amend its charter by ordinance to provide for a change in the date on which municipal elections will occur and extend the terms of the sitting officers affected by the change. This conclusion was based on the language of section 166.021 Florida Statutes (1993)....

...Subsections (4) and (5) of the statute sought to implement the broad grant of home rule powers by repealing or converting into ordinances limitations on municipal powers contained in a municipal charter or special act adopted prior to July 1, 1973. Subsection (4) of section 166.021 , however, provided that nothing in Chapter 166 , Florida Statutes, the Municipal Home Rule Powers Act, was to be construed as permitting any changes in a special law or municipal charter that affect certain subject matters set forth therein, including "the terms of elected officers," without referendum approval as provided in section 166.031 , Florida Statutes. During the 1995 legislative session, legislation was introduced to amend section 166.021 , Florida Statutes. Section 1 of Chapter 95-178, Laws of Florida, amended section 166.021 (4) to read in pertinent part: "However, nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect ....

...ods for candidates, including any changes in terms of office necessitated by such amendment, without a referendum. 2 Moreover, the title for Chapter 95-178, Laws of Florida, states in pertinent part: "An act relating to municipal elections; amending s. 166.021 , F.S.; authorizing amendment of a special law or municipal charter for the purpose of changing election dates and qualifying periods for candidates, including any changes in terms of office necessitated thereby, without referendum; creating s....

VIII, section 2(b), Florida Constitution, or section 166.021, Florida Statutes, to regulate the code enforcement

...home rule which have been granted to municipalities under Ch. 166, F. S. However, the Municipal Home Rule Powers Act prohibits municipalities from exercising powers which have been expressly prohibited or preempted to the state by the Constitution. Section 166.021 (3)(b) and (c), F....

...romotion policy. In fact, a review of Florida's Municipal Home Rule Powers Act reveals that the City, with limited exceptions, "has the powers to enact legislation concerning any subject matter upon which the state legislature may act...." Fla.Stat. § 166.021 (1983); see also Fla.Stat....

powers and responsibilities of such offices. Section 166.021(4), F.S., contains no limitations, except as

of the municipality's powers in this area. Section 166.021(1), Florida Statutes, a provision of the "Municipal

...lid municipal purpose. 9 Thus, the Court has determined that statutes are only relevant to determine the limitations on municipal authority and cities need no further authorization from the Legislature to conduct municipal government. 10 Pursuant to section 166.021 (1), Florida Statutes, municipalities are granted "the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law." The term "expressly," as it is used in section 166.021 , Florida Statutes, has been construed to mean a reference that is distinctly stated and not left to inference....

...9 Id. 10 State v. City of Sunrise, n. 8 at 1209. 11 See Edwards v. State, 422 So. 2d 84 , 85 (Fla. 2nd DCA 1982); Ops. Att'y Gen. Fla. 05-16 (2005), 84-83 (1984). Cf. Pierce v. Division of Retirement, 410 So. 2d 669 , 672 (Fla. 2nd DCA 1982). 12 See s. 166.021 , Fla....

...More recently, this office, in Attorney General Opinion 01-15, stated that a city commission may amend its city charter, adopted in 1977, to remove a requirement that the city manager reside within the city only if such an amendment was approved by a referendum of the qualified electors of the municipality. However, section 166.021 (4), Florida Statutes, states in part: "[N]othing in this act shall be construed to permit any changes in a special law or municipal charter which affect the exercise of extraterritorial powers or which affect an area which includes l...

...e terms of office for elected officers from a two-year to a four-year term and to modify the election cycle to reflect staggered terms for those elected officers. Thus, the change contemplated by the city would fall within the general requirement in section 166.021 (4), Florida Statutes, that changes in a municipal charter which affect "the terms of elected officers and the manner of their election" must be undertaken pursuant to a referendum....

...missioners by one additional year. Charter amendments designed to effectuate changes in the term of office of municipal officers such as changing from a two-year to a four-year term do not fall within the scope of the exception contained in sections 166.021 (4) and 100.3605 (2), Florida Statutes, and must be accomplished by referendum....

with the exception of "hot pursuit." Rather, section 166.021(1), Florida Statutes, granting municipalities

described in paragraphs (a), (b), (c), and (d) of section 166.021(3).7 The Court in the City of Boca Raton case

...Nicoletti Town Attorney for South Palm Beach 317 Tenth Street West Palm Beach, Florida 33401-3317 Dear Mr. Nicoletti: You have asked for my opinion on substantially the following question: Is a Florida municipality authorized by Article VIII , section 2 (b), Florida Constitution, and section 166.021 , Florida Statutes, to conduct bingo games? In sum: A municipality derives no authority from Article VIII , section 2 (b), Florida Constitution, and section 166.021 , Florida Statutes, to conduct bingo games....

...6 In Florida, broad home rule powers have been conferred on municipalities through the enactment of Chapter 166 , Florida Statutes. Chapter 166, the Municipal Home Rule Powers Act, implements the provisions of Section 2 , Article VIII , Florida Constitution. 7 Pursuant to section 166.021 (1), Florida Statutes, municipalities "have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law." A "[m]unicipal purpose" is defined in section 166.021 (2) to mean "any activity or power which may be exercised by the state or its political subdivisions." The Florida Supreme Court has stated that an analysis of the exercise of municipal powers requires a two-tiered consideration....

...reated exceptions. I cannot say that any of the exceptions authorize a municipality in this state to conduct bingo games. 11 Thus, it is my opinion that a municipality derives no authority from Article VIII , section 2 (b), Florida Constitution, and section 166.021 , Florida Statutes, to conduct bingo games....

its city charter by ordinance pursuant to section 166.021(4), Florida Statutes, without a referendum

ordinance duly enacted by the city commission. Section 166.021(4), F.S., specifically provides that nothing

the exercise of home rule powers pursuant to section 166.021, Florida Statutes.2 Section 212.055(2), Florida

conduct municipal government.2 Pursuant to section 166.021(1), Florida Statutes, municipalities are granted

...Brady 501 Northeast 8th Street Fort Lauderdale, Florida 33304 Dear Mr. Brady: On behalf of the Mayor and City Commission of the City of Lauderdale Lakes, you ask substantially the following question: May the City of Lauderdale Lakes, pursuant to sections 166.021 (4) and 100.3605 , Florida Statutes, amend its city charter by ordinance to move the dates of city elections from March to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to...

...Section 166.031 , Florida Statutes, sets forth the procedures to be observed in amending municipal charters, including a requirement that a proposed amendment shall be subject to approval by referendum of the voters. For charters adopted prior to July 1, 1973, and not subsequently readopted, section 166.021 , Florida Statutes, repealed or changed into ordinances many of the limitations contained in such charters....

...s charter by ordinance to provide for a change in the date on which municipal elections will occur and extend the terms of the sitting officers affected by the change. During the 1995 legislative session, however, legislation was introduced to amend section 166.021 , Florida Statutes. Section 1 of Chapter 95-178, Laws of Florida, amended section 166.021 (4) to read in pertinent part: "However, nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect ....

...r by ordinance to move the dates of city elections from April to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November. 3 Thus, as noted above, prior to the 1995 amendment to section 166.021 (4), Florida Statutes, and the creation of section 100.3065, Florida Statutes, a change in the charter prescribing the qualifying and election dates for municipal officers, and the resulting change in the term of office for sitting officers, required amendment according to the provisions of section 166.031 , Florida Statutes, regardless of when such provisions were adopted. The legislative history of the 1995 legislation amending section 166.021 (4) and creating section 100.3065, however, indicates an intent that municipalities are authorized to amend their charters, whether those charters were adopted before or after July 1, 1973, to change the election dates and qualifying periods for candidates, including any changes in terms of office necessitated by such amendment, without a referendum. Accordingly, I am of the opinion that the City of Lauderdale Lakes, pursuant to sections 166.021 (4) and 100.3605 , Florida Statutes, may amend its city charter by ordinance to move the dates of city elections from March to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November, when the existing charter was last amended in January 1998....

...and qualifying periods for candidates and for the adjustment of terms of office necessitated by such date changes . . ." And see, the title for Ch. 95-178, Laws of Florida, stating in pertinent part: "An act relating to municipal elections; amending s. 166.021 , F.S.; authorizing amendment of a special law or municipal charter for the purpose of changing election dates and qualifying periods for candidates, including any changes in terms of office necessitated thereby, without referendum; creating s....

...providing for change of qualifying periods and election dates by ordinance and for the orderly transition of office; providing an effective date." 3 Compare, Op. Att'y Gen. Fla. 01-81 (2001), in which this office was asked whether the exception afforded by ss. 166.021 (4) and 100.3065, Fla....

...Fla. 01-81 (2001), the city was interested in changing the term of office for future council members. This office concluded that the change in term of city council members from two years to three years did not fall within the exception recognized in ss. 166.021 (4) and 100.3605 ; thus, such a change would have to be submitted to the voters for approval.

prior to the end of the mayor's current term. Section 166.021(1), Florida Statutes, a provision of the "Municipal

subsequent legislative act or as provided in section 166.021(4), Florida Statutes, by charter amendment

...S., the Municipal Home Rule Powers Act, a municipality may enact legislation on any subject upon which the State Legislature may act unless expressly prohibited or preempted to state or county government by the Constitution, general or special law, or county charter. Section 166.021 ....

July 1, 1973, and not subsequently readopted, section 166.021, Florida Statutes, repealed or changed into

except when expressly prohibited by law.' Section 166.021(4), F.S., further provides that the provisions

...y development district, nor is there any statutory language in Chapter 190 , Florida Statutes, authorizing the assessment of "monitoring fees" against the districts by a municipality. 7 Further, while municipalities possess broad home rule powers, 8 section 166.021 (3)(c), Florida Statutes, implementing those constitutional powers provides that a municipality may not legislate on "[a]ny subject expressly preempted to state ....

disposal of solid waste and other refuse. Section 166.021(1) grants municipalities `governmental, corporate

except when expressly prohibited by law."1 Section 166.021(4), Florida Statutes, further provides that

cited as the "Municipal Home Rule Powers Act." Section 166.021(4) and (5), F.S., secure for municipalities

Legislature to conduct municipal government.6 Section 166.021(1), Florida Statutes, grants municipalities

...ct. Attorney General Opinions 073-267, 073-276, and 074-18. One of the enumerated exceptions, in which area a municipality may not legislate, is "[a]ny subject expressly preempted to state or county government by the constitution or by general law." Section 166.021 (3)(c)....

forth above without an approving referendum. Section 166.021(1), Florida Statutes, provides that municipalities

have been expressly preempted to the state. Section 166.021(3)(c), F. S. The constitution and statutes

...at all existing special acts pertaining exclusively to the power or jurisdiction of a particular municipality except as otherwise provided in the previous subsection shall become an ordinance of that municipality on the effective date of the act. (F.S. 166.021(5), 1975) Appellant concludes that since the status of the special act which created the civil service law for the City of Pensacola became that of a municipal ordinance by virtue of F.S. 166.021(5), 1975, the provisions of Chapter 74 — 31, Laws of Florida, 1974, impliedly repealed Section 142 of the Code of the City of Pensacola. Again, however, there is an apparent problem. The provisions of F.S. 166.021 (5), 1975, do not apply to the types of special acts contained in F.S. 166.021(4). One of the classifications of special acts contained in F.S. 166.021(4), 1975, is any special act which affects “any rights of municipal employees”....

...the rights of municipal employees. Therefore, according to appellees, Section 142 retains its *153 status as a special act of the legislature and is unaffected by Chapter 74-13, Laws of Florida, 1974. Although we accept appellees’ assertion that F.S. 166.021(5), 1975, is inapplicable to Section 142 of the Code of the City of Pensacola, we nevertheless conclude that Chapter 74 — 13, Laws of Florida, 1974, repeals by implication Section 142. That section is governed by the terms of F.S. 166.021(4) which provides in pertinent part that, “* * * nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect * * * any rights of municipal employees, without approval by referendum of the electors as provided in section 166.031.” F.S....

repealed thereby or converted into ordinances. Section 166.021(4) and (5). Accord: Attorney General Opinion

...l have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. 6 Section 166.021 (3), Fla....

...(It might be noted that certain provisions of said Ch. 73-129 have been challenged as unconstitutional, and an appeal is pending before the Supreme Court of Florida.) Pertinent provisions of the Municipal Home Rule Powers Act relating to your inquiry are in s. 166.021 (4) and (5), F.S. Section 166.021 (4) provides in pertinent part that ....

...any rights of municipal employees, without approval by referendum of the electors, as provided in s. 166.031 . Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed. Section 166.021 (5) reads as follows: All existing special acts pertaining to the power or jurisdiction of a particular municipality except as otherwise provided in subsection (4) of this section shall become an ordinance of that municipality on the...

...2(a), providing that municipalities "may be established or abolished and their charters amended pursuant to general or special law." Thus, the fact that a special law or charter act provision may have been repealed or made an ordinance pursuant to the foregoing provisions of s. 166.021 , F.S., will not — as it cannot — prevent the state legislature from adopting appropriate legislation relating to the particular matter covered by the statute or ordinance....

...166, F. S.) pursuant to s. 2(b), Art. VIII, State Const., municipalities possess the `governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services . . . .' Section 166.021 (1), F....

...They may enact legislation on any subject matter upon which the State Legislature may act except those subjects expressly prohibited by the Constitution or expressly preempted to the state or county government by the Constitution, general law, or county charter. Section 166.021 (3)....

...Such an alteration or modification of the franchise contract is contrary to the constitutional prohibition contained in both the United States and the Florida Constitutions against the impairment of the obligations of contracts. Thus, until judicially determined otherwise, I am of the opinion that under the express terms of s. 166.021 (3)(b), F....

purposes except as otherwise provided by law.' Section 166.021(1), F. S., states that a municipality may exercise

light of the Municipal Home Rule Powers Act. Section 166.021(1), F. S., of the act provides that municipalities

pursuant to s. 166.021, F.S. AS TO QUESTION 1: Section 166.021(1), F.S., of the Municipal Home Rule Powers

...The pension plan excluded from participation "all persons employed by the City of Clearwater after January 1, 1945 who shall at the time of hire be over the age of forty-five (45) years." In 1973, the pension plan became a City Ordinance when the Legislature enacted the "Municipal Home Rule Powers Act." Fla. Stat. § 166.021....

...To show that KUA was fairly authorized to enter into the Crossing Agreement, the Rail Companies point to several provisions of Florida law: (1) the powers given municipalities under article VIII, § 2(b) of the Florida Constitution; (2) the Municipal Home Rule Powers Act, Florida Statute § 166.021; (3) the Florida Interlocal Cooperation Act, Florida Statute § 163.01; and (4) the Joint Power Act, Florida Statute §§ 361.10- 361.18. 75  The Rail Companies’ argument is buttressed b...

...reated by ordinance. 1 Passage of the Municipal Home Rule Powers Act 2 (act) secured to municipalities broad home rule powers granted by section (2)(b), Article VIII , Florida Constitution. In order to implement this broad grant of home rule powers, section 166.021 (4) and (5), Florida Statutes, nullified and repealed, or converted into ordinances, many provisions of existing municipal charters which constituted limitations on, or pertained exclusively to, the power or jurisdiction of municipalities....

...ida Statutes, prevails over any conflicting provision in a future charter adopted for the City of Cape Coral. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 10.03(a), Ch. 70-623, Laws of Florida. 2 Part I, Ch. 166 , Fla. Stat. 3 Section 166.021 (4), Fla....

A. Butterworth Attorney General RAB/tgk 1 Section 166.021(2), Fla. Stat. (1993). And see, s.166.021(3)(b)

...ners be elected solely by voters in the designated city commission districts in which they reside. Your letter states that the city commissioners are now required to be elected by a citywide vote, presumably by the terms of the existing charter act. Section 166.021 (4), F....

...It is often referred to as the mode, plan, design or manner in which a project is executed. Accord: In Re Advisory Opinion to the Governor, 116 So.2d 425 , 428 Fla. 1959 ), and AGO 075-158 (applying the above definition to the similar phrase `manner of their election' in s. 166.021 (4) and concluding that said section governs `the filling of all vacancies on a municipal legislative body')....

...Young Democratic Club, supra , in which the court held that conducting county commission election on a nonpartisan basis was a `method of election' controlled by the Dade County Charter within the meaning of s. 11(1)(a), Art. VIII, State Const., 1885, with AGO 074-25, in which I gave my opinion upon the applicability of s. 166.021 (4), supra , to a proposed change in the Pensacola City Charter....

...g the term of office to serve out the unexpired portion of the term. I was of the opinion that such a proposed change of the city charter was not subject to the requirements imposed with reference to the `manner' of election of city commissioners by s. 166.021 (4): The requirement that a councilman be a resident, qualified voter of his ward is a qualification for office. There is nothing in [s. 166.021 (4)] which requires a referendum of the electorate in order to change charter provisions relating to qualifications for office....

...[Attorney General Opinion 074-25.] The proposal outlined in your letter would do more than establish qualifications for office; it would, as above noted; change the manner in which city commissioners in the City of Pompano Beach are elected. Therefore, the proposal you describe is subject to s. 166.021 (4), F....

...city pursuant to s. 166.031 , F. S. With reference to providing for city commission districts by charter amendment, s. 2(a), Art. VIII, State Const., provides that city charters may be amended pursuant to general or special law. Sections 166.031 and 166.021 (4), F....

...S., part of the Florida Election Code, neither of which contains any provisions even remotely related to the area under discussion. Neither does s. 6, Art. VI, State Const., present a bar to the exercise by a municipality of the power to establish city commission districts for the municipal purpose (defined in s. 166.021 (1) and (2)) of electing city commissioners solely by vote of the electors residing in each defined district....

...VI, supra , would therefore appear to be inapplicable to the exercise of such power by municipalities in connection with the election of members of the city council. Since the power to define city commission districts is not a power prohibited to municipalities (s. 166.021 (1), F. S.) or `expressly preempted to state or county government by the constitution or by general law' (s. 166.021 (3)(c)) or `otherwise provided' by law (s....

...chief of the municipality. Art. VIII, § 6(e), Fla. Const, of 1968 (incorporating Art. VIII, § ll(l)(g), Fla. Const, of 1885, as amended); Art. V, § 5.03, Metropolitan Dade County Charter; §§ 168.01, 166.01-.02,166.05, Fla.Stat. (1955); see also § 166.021(3)(b), (4), Fla.Stat....

other than those so expressly prohibited.... § 166.021, Fla. Stat. (1973) (emphasis added). The language

...As a general proposition, municipalities have the power to enact legislation concerning any subject matter upon which the state legislature may act, except, inter alia, "[a]ny subject expressly preempted to state or county government by the constitution or by general law." Section 166.021 (1)(c), F.S. See City of Miami Beach v. Forte Towers, Inc., No. 44,936 (Fla. Sup. Ct., October 19, 1974), in which the constitutionality of s. 166.021 , F.S., was upheld....

...nd a municipality is precluded from regulating the operations of a motorbus company which the commission has jurisdiction to regulate. Cf. City of Miami Beach v. Carter, supra, in which commission jurisdiction was upheld. Thus, within the context of s. 166.021 , F.S., the regulation of a motorbus company is not "preempted" to the state if the municipality in which that company operates is regulating that company within the purview of s....

...The pension plan excluded from participation “all persons employed by the City of Clearwater after January 1, 1945 who shall at the time of hire be over the age of forty-five (45) years.” In 1973, the pension plan became a City Ordinance when the Legislature enacted the “Municipal Home Rule Powers Act.” Fla. Stat. § 166.021 ....

Powers Act" which appears as Ch. 166, F.S. Section 166.021(1) and (3)(c), provides as follows: (1) As

municipalities is statutorily recognized in section 166.021, Florida Statutes, it is specifically stated

...businesses within the city. Questions One and Two Your first and second questions are interrelated and will be answered together. The authority of a municipality to impose a tax is derived from Article VII , section 9 , Florida Constitution. 1 While section 166.021 , Florida Statutes, secures the broad exercise of home rule powers for municipalities granted by Article VIII , section 2 (b), Florida Constitution, municipalities possess no home rule powers to levy taxes....

...funds for expenditures that are determined by the governing body of the municipality to serve a public purpose. Municipalities have been granted home rule powers to exercise any power for municipal purposes except when expressly prohibited by law. 3 Section 166.021 , Florida Statutes, provides in pertinent part: (1) As provided in s....

City of Miami which have been nullified by Section 166.021(4), Florida Statutes (1977). The Municipal

municipal legislative body shall be elective. Section 166.021, Florida Statutes (1977), provides: (1) As

except when expressly prohibited by law." Section 166.021(1), F.S. See City of Miami Beach v. Forte Towers

council by the remaining members thereof. Section 166.021(1), F.S., of the Municipal Home Rule Powers

...e electors of the public employer cannot abrogate a collective bargaining agreement negotiated by the legislative body. Under the PERC view, the state collective bargaining statute (Chapter 447, Part I, Florida Statutes), preempts any requirement of Section 166.021(4), Florida Statutes, that the city submit the negotiated pension plan changes for approval by referendum....

...The state does not do so, and the implication is obvious. The City, therefore, has failed to demonstrate that there is a compelling state interest in requiring a referendum, given the abridgement of the right to bargain collectively. It thus appears to the court that the referendum requirement of Section 166.021(4), Florida Statutes, as the City seeks to apply it to the collectively bargained Pension Agreement, is violative of Article I, Section 6 of the Florida Constitution....

...nances, and that Section 447.309(3) still governs those conflicts. It is clear that the Supreme Court in rendering the Hillsborough County decision did not have under consideration any potential conflict between a collective bargaining agreement and Section 166.021(4), requiring a referendum to make charter changes affecting employee rights....

...ling with collective bargaining agreements. Finally, and most importantly, the real conflict in the present case is not between the collective bargaining agreement and any statute or ordinance, it is between two unintentionally conflicting statutes: Section 166.021(4) and Section 447.309(3)....

...To the same effect, the Court in Hillsborough County Aviation Authority held that a civil service board cannot overrule an agreement fully negotiated by a public employer and ratified by its legislative body. [Citations omitted]. ORDERED, DECLARED AND ADJUDGED that the referendum requirement of Section 166.021(4), Florida Statutes, with respect to the collective bargained Pension Agreement in this case is violative of Article-1, Section 6 of the Florida Constitution, and that in accordance with Section 447.309(3), Florida Statutes, no referendum is nee- *243 essary for the City to ratify the subject pension agreement....

area expressly preempted to state government. § 166.021(3)(c), Fla.Stat. (1985); see General Elec. Credit

...ution, which would have the effect of amending or modifying Ch. 69-1678, Laws of Florida, and extending the voting power to persons other than the regular board members in certain instances without a referendum of the electorate of the municipality. Section 166.021 (4), F.S., specifically provides that nothing in the Municipal Home Rule Powers Act, Ch....

A. Butterworth Attorney General RAB/tjw 1 Section 166.021(3), Fla. Stat. (1993), excepts from municipal

powers. In order to implement such a grant, section 166.021(4) and (5), Florida Statutes, modified and

general or special law, or county charter....” § 166.021(4), Fla. Stat. (1979). The Charter provision involved

...6 In a number of previous opinions, this office has stated that a local government or its governing body derives no delegated authority from Chapter 162 , Florida Statutes. Further, municipalities derive no home rule power from Article VIII , section 2 (b), Florida Constitution, or section 166.021 , Florida Statutes, to regulate the code enforcement boards or to impose any duties or requirements on such boards or to otherwise regulate the statutorily prescribed enforcement procedure....

...vests the Legislature with the power to do, if desired. Article VIII, section 2(c) of Florida’s constitution requires that the exercise of extraterritorial powers by municipalities must be provided for by general or special law. See § 166.021(3)(a), (4), Fla....

...the above-quoted charter provision so as to require a candidate for election to municipal office to pay a $25 filing fee in order to defray the cost of conducting the elections. As I recently noted with respect to a related question in AGO 075- 158: Section 166.021 (1), F.S., of the Municipal Home Rule Powers Act, provides that municipalities "may exercise any power for municipal purposes, except when expressly prohibited by law." In order to implement this broad grant of home rule power to municipalities, s. 166.021 (4) and (5), id., modified and repealed, or converted into ordinances, many provisions of municipal charters which constituted limitations on, or pertained exclusively to, the power or jurisdiction of municipalities. However, s. 166.021 (4) states that nothing in Ch....

...ertain subject matters enumerated therein, including "the terms of elected officers and the manner of their election," (Emphasis supplied.) without referendum approval as provided in s. 166.031 . Since none of the other subject matters enumerated in s. 166.021 (4), F.S., appear to relate to the charter provision to which you refer, I am of the opinion that the answer to your inquiry will be determined by a construction of the phrase "the manner of their election" (italicized supra)....

...the proposed amendment about which you inquire would have the effect of creating an additional step to that procedure. Balloting being of the very essence of modern elections, it would appear that the phrase the manner of their election contained in s. 166.021 (4), F.S., is applicable to a charter provision regulating the procedure by which a candidate for election to municipal office may have his name placed on the ballot....

...Florida follows the general rule that taxes may be levied, assessed, and collected only in the manner prescribed by statute. 1 Although a municipality is granted broad home rule powers by Article VIII , section 2 (b), Florida Constitution, as implemented through section 166.021 , Florida Statutes, its taxing power is derived from Article VII of the Florida Constitution, not Article VIII , Florida Constitution....

...numbered years and limits elected officials to being elected to two four-year terms. In response, the City filed an emergency motion to dismiss the complaint, arguing the Ordinance is authorized collectively under three general law statutes—specifically, sections 100.3605, 166.021 and 101.75 of the Florida Statutes—which the City contends supersede the County Home Rule Charter....

...inconsistent if, in order to comply with one provision, a violation of the other is required.” Jordan Chapel, 334 So. 2d at 664. It is clear that if (pursuant to the Ordinance) the election is not held until November 2026 this would 10 See § 100.3605, Fla. Stat.; § 166.021, Fla....

ordinance except for those areas enumerated in section 166.021(4), Florida Statutes, or by specifically stating

Section 2(a)-(c), Art. VI, Sarasota City Code. Section 166.021(4), F.S., provides that: The provisions

QUESTION: What is the status of the Charter of the City of Tamarac and, except for the provisions thereof which relate to the subject matters enumerated in s. 166.021 (4), F.S., may it be amended by ordinance without referendum approval? SUMMARY: Although the Municipal Home Rule Powers Act (Ch....

...73 and once in March 1974. You inquire as to the effect on the charter of the Municipal Home Rule Powers Act, Ch. 166 , F.S., and of a referendum in June 1974 in which the charter was "ratified and affirmed" by the electorate of the City of Tamarac. Section 166.021 (1), F.S., of the Municipal Home Rule Powers Act, provides that municipalities "may exercise any power for municipal purposes, except when expressly prohibited by law." See also s. 166.021 (3), id., providing that a municipality has the authority to adopt legislation concerning any subject matter upon which the state legislature may act, except, inter alia, "[a]ny subject expressly preempted to state or county government by the constitution or by general law." In order to implement this broad grant of home rule power to municipalities, s. 166.021 (4) and (5), id., nullified and repealed, or converted into ordinances, many provisions of municipal charters which constituted limitations on, or pertained exclusively to, the power or jurisdiction of municipalities....

...166, id., is to be construed as permitting any changes in a special law or municipal charter which affect certain subject matters enumerated therein without approval by referendum of the electors as provided in s. 166.031 . None of the subject matters enumerated in s. 166.021 (4), F.S., appear to relate to the types of charter provisions to which you refer....

...Zealy, Tamarac City Attorney, Fort Lauderdale Prepared by: Gerald L. Knight, Assistant Attorney General QUESTION: What is the status of the Charter of the City of Tamarac and, except for the provisions thereof which relate to the subject matters enumerated in s. 166.021 (4), F.S., may it be amended by ordinance without referendum approval? SUMMARY: Although the Municipal Home Rule Powers Act (Ch....

...73 and once in March 1974. You inquire as to the effect on the charter of the Municipal Home Rule Powers Act, Ch. 166 , F.S., and of a referendum in June 1974 in which the charter was "ratified and affirmed" by the electorate of the City of Tamarac. Section 166.021 (1), F.S., of the Municipal Home Rule Powers Act, provides that municipalities "may exercise any power for municipal purposes, except when expressly prohibited by law." See also s. 166.021 (3), id., providing that a municipality has the authority to adopt legislation concerning any subject matter upon which the state legislature may act, except, inter alia, "[a]ny subject expressly preempted to state or county government by the constitution or by general law." In order to implement this broad grant of home rule power to municipalities, s. 166.021 (4) and (5), id., nullified and repealed, or converted into ordinances, many provisions of municipal charters which constituted limitations on, or pertained exclusively to, the power or jurisdiction of municipalities....

...166, id., is to be construed as permitting any changes in a special law or municipal charter which affect certain subject matters enumerated therein without approval by referendum of the electors as provided in s. 166.031 . None of the subject matters enumerated in s. 166.021 (4), F.S., appear to relate to the types of charter provisions to which you refer....

(h), (i), and (j) of ch. 27644, as amended. Section 166.021(5), F. S., expressly provides that all special

office resulting from such date changes."2 Section 166.021(4), Florida Statutes, provides in pertinent

1973. See, s 7, Ch. 73-129, Laws of Florida. Section 166.021(4), F.S. (s 1, Ch. 73-129, Laws of Florida)

...nicipality pursuant to section 166.031 , Florida Statutes. Sincerely, Bill McCollum Attorney General BM/t 1 Article VI, s. 6.2, Charter, City of Indian Rocks Beach. 2 Id. , s. 6.3. 3 For charters adopted prior to 1973 and not subsequently readopted, s. 166.021 (4) and (5), Fla....

...Stat., nullified and repealed or converted into ordinances many provisions of municipal charters in existence on the effective date of the Municipal Home Rule Powers Act, which constituted limitations on, or pertained exclusively to, the power or jurisdiction of a municipality. Section 166.021 (4), Fla....

...provisions or language out of the charter which has been judicially construed, either by judgment or by binding legal precedent from a decision of a court of last resort, to be contrary to either the State Constitution or Federal Constitution); and ss. 166.021 (4) and 100.3605 , Fla....

protection beyond its territorial limits. Section 166.021, F.S., of the Municipal Home Rule Powers Act

section 165.043, Florida Statutes. However, section 166.021(1), Florida Statutes, recognizes the home rule

cert. denied, 295 So.2d 305 (Fla. 1974). 3 Section 166.021(4), F.S., in pertinent part, provides: The

separately. Section 166.0445, Florida Statutes Section 166.021(1), Florida Statutes, a provision of the "Municipal

...few and provide for one thousand (1,000) foot residence prohibitions from specified locations for certain sexual offenders thereby manifesting a need to protect the public from them, and WHEREAS, Article VIII, Section 2(b), Florida Constitution, and Section 166.021, Florida Statutes, provide the City authority to protect the health, safety, and welfare or its residents, and WHEREAS, the designation of a person as a sexual offender is neither a sentence nor punishment, but simply a status resulting from a conviction of certain crimes....

is not a public road, street or highway.12 Section 166.021(1), Florida Statutes, a provision of the Municipal

conduct municipal government.2 Pursuant to section 166.021(1), Florida Statutes, municipalities are granted

subsistence and 112.061(7)(d)1. for mileage. Section 166.021(10)(b), Fla. Stat., created by s. 1, Ch.2003-125

...e right to enter into an individual employment agreement with the City, thereby allowing him to essentially amend his employment contract, as occurred with the instant agreement, while he was still employed and not receiving retirement benefits. See § 166.021, Fla....

upon which the state legislature may act. Section 166.021. One of the specified exceptions, in which

constitutional restriction is reflected in section 166.021(3)(a), Florida Statutes, in which the Legislature

...Considering the restriction upon a municipality's authority to enact legislation on the exercise of extraterritorial power absent authority from a general or special law, it was concluded that a municipality's governing body could not hold meetings outside its jurisdictional boundaries. The same restriction in section 166.021 (3)(a), Florida Statutes, is contained in current law and would similarly affect the village's authority to hold its commission meetings outside of the village's boundaries....

existing statute or ordinance." 2 Section 166.021, Fla. Stat. 3 Section 166.021(4), Fla. Stat. 4 See Op. Att'y

section of the city charter is now an ordinance. Section 166.021(5), F.S. The act grants broad home rule powers

rule powers to municipalities. Pursuant to section 166.021(3), Florida Statutes, the legislative body

...ophy expressed by the constitutional and legislative “Home Rule” provisions. However, Article VIII, Section 2(b) of the Florida Constitution establishes a grant of powers to municipalities “except as otherwise provided by law,” and Fla.Stat. § 166.021(3) (c) (1973) provides that municipalities may enact legislation upon any subject matter except those “expressly preempted to state ....

...plus municipal property. 3 This conclusion is based on the broad home rule powers granted to municipalities by Article VIII , section 2 (b), Florida Constitution, and implemented by Chapter 166 , Florida Statutes, the Municipal Home Rule Powers Act. Section 166.021 , Florida Statutes, states that "[M]unicipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exerc...

...Palm Bay’s primary challenge to the trial court’s ruling is that it had the authority to enact ordinance 97-07, and grant its code enforcement liens superpri-ority, under the home rule powers granted by article VIII, section 2(b) of the Florida Constitution, and codified in section 166.021, Florida Statutes. Asserting that ordinance 97-07 does not encroach into any of the areas prohibited by section 166.021, Palm Bay concludes that it had the right to grant its code enforcement liens superpriority....

of Florida, 281 So. 2d 493 (Fla. 1973). 12 Section 166.021(1), Fla. Stat. 13 And see Ops. Att'y Gen. Fla

...1971); Op. Att'y Gen. Fla. 00-55 (2000). 4 See, Art. VII , s. 10 (d), Fla. Const. 5 Cf., Op. Att'y Gen. Fla. 96-12 (1996) (county hospital district precluded from owning stock in or extending its credit to a private for-profit corporation). 6 See, s. 166.021 (1), Fla. Stat. 7 Section 166.021 (4), Fla....

...You state that the above provisions were part of the city charter adopted prior to the adoption of the Municipal Home Rule Powers Act, Chapter 166 , Florida Statutes. It is assumed for purposes of this inquiry that the city charter has not been readopted since the effective date of the Municipal Home Rule Powers Act. Section 166.021 (1), Florida Statutes, provides that municipalities "may exercise any power for municipal purposes, except when expressly prohibited by law." In order to implement this broad grant of home rule powers to municipalities, section 166.021 (4) and (5), Florida Statutes, nullified and repealed, or converted into ordinances, many provisions of municipal charters which constituted limitations on, or pertained exclusively to, the power or jurisdiction of municipalities....

...Statutes, which required an affirmative vote of three members of the city council to adopt an ordinance or resolution had been nullified and repealed or had become a municipal ordinance. While the charter provision appeared to be a "limitation of power" within the context of section 166.021 , Florida Statutes, and would, therefore, have been nullified and repealed rather than converted into an ordinance, this office stated that it could not "unequivocally state that such has been the effect." Thus, this office suggested that if the city wished to establish a new minimum vote requirement, the safer course would appear to be to adopt a new ordinance for that purpose. The charter provisions to which you refer do not appear to be within the exceptions enumerated in section 166.021 (4), Florida Statutes....

...Thus, the governing body of the municipality may, pursuant to section 166.041 , Florida Statutes, alter or amend the procedures for citizens' initiatives or referenda for the adoption of ordinances without an approving referenda by the electorate. Sincerely, Robert A. Butterworth Attorney General RAB/tcs 1 See , s. 166.021 (4) and (5), Fla. Stat., providing: "(4) The provisions of [s. 166.021 ] shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution....

...ee , Ops. Att'y Gen. Fla. 73-478 (1973) and 75-223 (1975). 3 See , Op. Att'y Gen. Fla. 73-475 (1973). And see , Op. Att'y Gen. Fla. 79-21 (1979) (city council may amend by ordinance former charter provisions converted into ordinances by operation of s. 166.021 [4] and[5], Fla....

...an agent to collect such fine is not addressed in Chapter 162 , Florida Statutes. It is well settled, however, that a municipality through its home rule powers may exercise any power for municipal purposes, except when expressly prohibited by law. 5 Section 166.021 , Florida Statutes, states: "[m]unicipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise...

...mbers of the commission? In sum: The City Commission of Ormond Beach may not amend the city charter by ordinance with respect to the term of the deputy mayor as such an amendment would affect the term of office of an elected officer and, pursuant to s. 166.021 (4), F.S., must be the subject of approval by referendum....

...mayor. The member so elected shall serve as deputy mayor until the first regular City Commission meeting in the following January." The proposed amendment would limit the term of the deputy mayor to six months rather than the current one year term. Section 166.021 (1), F.S., of the Municipal Home Rule Powers Act, provides that municipalities "may exercise any power for municipal purposes, except when expressly prohibited by law." To implement this broad grant of home rule power to municipalities, s. 166.021 (4) and (5), F.S., modified, repealed, or converted into ordinances, many provisions of municipal charters which constituted limitations on, or related exclusively to, the power or jurisdiction of municipalities. However, s. 166.021 (4), F.S., provides that nothing in Ch....

..." without referendum approval as provided in s. 166.031 , F.S. Resolution of this matter appears to turn upon whether the current charter provision setting forth the term of the deputy mayor affects the term of an elected officer within the scope of s. 166.021 (4), F.S., which would necessitate approval by referendum. The term "elected" is not defined for purposes of s. 166.021 (4), F.S., and so the word is to be construed in its plain and ordinary sense....

...ers and the election of one member of a governmental entity by his or her fellows to fill a vacancy. Thus, an amendment such as you propose would affect the term of the officer elected by other members to serve as deputy mayor and would, pursuant to s. 166.021 (4), F.S., be subject to approval by referendum as provided in s....

...ncil by the remaining members there-of. The charter directed that, in the event of a vacancy in the office of the mayor or any councilmember, a nomination and election had to be held to fill such vacancy for the unexpired term. This office construed s. 166.021 (4), F.S., and concluded that the legislative and governing body of a municipality could make no change in a municipal charter provision which affects the method established therein for filling vacancies in an elective municipal office without referendum approval as provided in s....

except when expressly prohibited by law." Section 166.021(3), F.S., prescribes limitations on the subjects

...a planning and zoning board of appeals and prescribes the powers and duties thereof. You inquire as to the propriety of amending the charter to change the name of such appointive board without the approval by referendum of the electors of the city. Section 166.021 (4), F.S., provides in relevant part that "nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect ....

...See, AGO 83-39, concluding that adding alternate members to an appointive board created by special law could only be accomplished by a charter amendment with the approval by referendum of the electors. See also, AGO 73-491, concluding that in order to change the name of a municipality under ss 166.021 and 166.031 , approval by a majority of the electors voting in a referendum would be necessary since the name of a municipality is an inherent part of the city's creation and existence....

...Growers Equipment Co., 12 So.2d 889 (Fla. 1943); State v. City of Jacksonville, 50 So.2d 532 (Fla. 1951); Florida State Racing Commission v. McLaughlin, 102 So.2d 574 (Fla. 1958); 30 Fla.Jur. Statutes s 81. The only qualification of the comprehensive term "matter" as used in s 166.021 (4), F.S., is that the "matter" relate to an appointive board....

...s 802 of the charter and inasmuch as such designated name relates to the appointive board and it is necessary to amend said charter provision in order to change the name of the board, I find no basis or precedent for construing the provisions of ss 166.021 (4) and 166.031 , F.S., as inapplicable to any attempt to directly or indirectly effect an amendment of s 802 of the City Charter so as to change the name of the appointive planning and zoning board of appeals. Therefore, unless and until judicially determined otherwise, I conclude that the Gulfport City Council is without authority under s 166.021 (4), F.S., to effect an amendment of s 802 of the City Charter so as to change the name of the city's appointive planning and zoning board of appeals without the approval by referendum of the electors of the city as provided in s 166.031 , F.S....

the power or jurisdiction of a municipality. Section 166.021(4), Fla. Stat., however, states: "[N]othing

Part I of Chapter 166, Florida Statutes. Section 166.021(1) of that act provides that municipalities

2(b), Article VIII, Florida Constitution, and section 166.021, Florida Statutes, to adopt an ordinance requiring

...(1) DOES s 170.01 , F.S., AUTHORIZE A FLORIDA MUNICIPALITY TO LEVY SPECIAL ASSESSMENTS UPON CERTAIN STRUCTURES FOR THE PURPOSE OF FINANCING THE PURCHASE OF FIREFIGHTING EQUIPMENT REQUIRED SOLELY FOR THE SPECIAL BENEFIT OF SUCH STRUCTURES? (2) DOES s 166.021 , F.S., CONSTRUED WITH s 170.21 , F.S., AUTHORIZE SUCH SPECIAL ASSESSMENTS? (3) MAY A FLORIDA MUNICIPALITY LEVY AN IMPACT FEE UPON SUCH PROPERTIES FOR SUCH PURPOSES UNDER THE RATIONALE OF CONTRACTORS AND BUILDERS ASSN....

...provide an additional, supplemental and alternative method of procedure for the benefit of the municipalities within the state and shall be liberally construed to effectuate its purpose. You inquire as to whether this section, when construed with s 166.021 , F.S., authorizes the imposition of a special assessment for the purchase of firefighting equipment. Section 166.021 implements the home rule powers granted to municipalities by Art....

...f law, and s 9(a) thereof which in pertinent part states that municipalities may `be authorized by law to levy ad valorem taxes and may be authorized by general law to levy other taxes . . . .' Section 1(a) or s 9(a) of Art. VII does not, nor does s 166.021 and s 166.211 , F.S., empower a municipality to levy special assessments. AGO 080-87. In addition, as previously stated, Ch. 170 does not relate to the type of local improvement which is the subject of your inquiry, i.e., fire protection and the purchase of firefighting equipment. Accordingly, s 166.021 when construed with s 170.21 , does not authorize the imposition of special assessments for the purpose of financing the purchase of firefighting equipment....

...section 1 of the Fourteenth Amendment; (3) that the Town Council’s imposition of the Assessments violated Article VII, §§ 1(a) and 9(a) of the Florida Constitution; (4) that the Town Council’s imposition of the Assessments violated Fla. Stat. § 166.021(3)(b); and (5) that the Assessments imposed a lien on PBT’s property and thus constituted a taking under the Takings Clause of the Fifth Amendment as incorporated into the Fourteenth Amendment via its Due Process Clause....

...Amended Complaint: the facts alleged were insufficient to show that the other 13 We assume that the reference to the Florida Constitution and law was to Article VII, §§ 1(a) and 9(a) of the Florida Constitution and Fla. Stat. § 166.021(3)(b) since those provisions, although not explicitly referenced in Count III, appeared in the allegations made antecedent to Count I and were incorporated into Count III by reference. 14 Count I was silent as to whether t...

...I in making this statement. It did not consider Count III’s incorporation by reference of the citation antecedent to Count I of the allegation that the Assessments violated Article VII, §§ 1(a) and 9(b) of the Florida Constitution and Fla. Stat. § 166.021(3)....

your question is answered in the affirmative. Section 166.021, F. S., of the Municipal Home Rule Powers Act

Florida Constitution, and implemented in section 166.021, Florida Statutes, municipalities possess the

...d by the purchaser with said taxes not to increase more than 3% each year thereafter in accordance with the requirements of F.S. 193.155." The taxing authority of a municipality is derived from Article VII , section 9 , Florida Constitution. 2 While section 166.021 , Florida Statutes, secures for municipalities the broad exercise of home rule powers granted by Article VIII , section 2 (b), Florida Constitution, municipalities possess no home rule powers to levy taxes....

...67-303, Laws of Florida, as amended, codified as part II of ch. 266, F. S., pertaining to the Historic Pensacola Preservation Board of Trustees of the Department of State and the aforementioned Architectural Review Board established pursuant to s. 266.107, are not subject to s. 166.021 (4) and (5), F....

...This advisory opinion and all conclusions and views hereinafter expressed, and any future action taken by the city based upon anything said in the following opinion, are subject to and circumscribed or limited by the foregoing considerations and factual statements and assumptions. Section 166.021 (4), F....

...duties and powers of such officers. Cf . s. 166.031 (5), F. S., which empowers municipalities to abolish municipal departments provided for in the municipal charter. Therefore, the governing or legislative body of the City of Pensacola, pursuant to s. 166.021 (1) and (4) and s....

...15425, 1931, Laws of Florida, as amended. Insofar as these provisions, powers, and duties may affect the form of government of the city or the distribution of powers among the elected officers, they may not be changed by ordinance without approval by referendum of the electors. Section 166.021 (4), F....

QUESTION: What is the effect of ss. 166.021 and 166.041 , F.S., of the Municipal Home Rule Powers Act on that part of the charter of the City of Miramar which requires a minimum of three affirmative votes of the city council to adopt an ordinance or resolution? SUMMARY: That part of the municipal charter of the City of Miramar which requires an affirmative vote of three members of the city council to adopt an ordinance or resolution has been nullified and repealed or has become a municipal ordinance pursuant to s. 166.021 (4) and (5), F.S....

...The city council, if it desires, may adopt by ordinance or charter amendment additional, more stringent requirements than those contained in s. 166.041 , F.S., which establishes a uniform procedure for the enactment of municipal ordinances and resolutions. Section 166.021 , F.S., of the Municipal Home Rule Powers Act — which was recently held constitutional by the Supreme Court of Florida in City of Miami Beach v....

...44,936 (Opinion filed October 9, 1974) — grants broad home rule powers to municipalities to "exercise any power for municipal purposes, except when expressly prohibited by law." In addition, and except as otherwise provided therein, subsections 166.021 (4) and (5), id., have the effect of nullifying and repealing or making ordinances of many provisions of municipal charters which constitute limitations on, or which pertain exclusively to, municipal power or jurisdiction. The charter provision to which you refer does not appear to be within the enumerated exceptions contained in s. 166.021 (4), F.S....

...166, id., is no longer a part of the charter of the City of Miramar but has been nullified and repealed or has become a municipal ordinance. Cf. AGO 073-478. However, although I am inclined to the view that said charter provision is a "limitation of power" within the context of s. 166.021 (4) and has been nullified and repealed rather than made an ordinance, I cannot unequivocally state that such has been the effect....

...In the present case, the purported approval requirement was in the hands of a minority of the active members of the retirement plan rather than a minority of the electors, but the effect and result are the same. Further, a municipality has broad home rule powers to legislate. Art. VIII, §2(b), Fla. Const.; § 166.021, Fla....

...the highest number of votes in the election. The question has arisen as to whether such a charter amendment requires approval by the electorate. You have expressed your opinion that approval by referendum is required. I concur in such a conclusion. Section 166.021 (1), Florida Statutes, of the Municipal Home Rule Powers Act, provides that municipalities "may exercise any power for municipal purposes, except when expressly prohibited by law." To implement this broad grant of home rule power to municipalities, section 166.021 (4) and (5), Florida Statutes, modified, repealed, or converted into ordinances, many provisions of municipal charters which constituted limitations on, or related exclusively to, the power or jurisdiction of municipalities, in existence at the time of the adoption of the act. Section 166.021 (4), Florida Statutes, however, provides that nothing in Chapter 166 , Florida Statutes, is to be construed as permitting any changes in a special law or municipal charter which affect certain subject matters specifically mentioned th...

...ion" without referendum approval as provided in section 166.031 , Florida Statutes. 5 While municipal charter provisions adopted prior to the effective date of the Municipal Home Rule Powers Act, October 1, 1973, not affecting the areas specified in section 166.021 (4), Florida Statutes, were either repealed or were converted into ordinances and are therefore subject to repeal or modification like other ordinances, this office has consistently concluded that any municipal charter provision adopt...

...The term "manner" is generally defined as the mode or method in which something is done, a mode of procedures. 7 This office has stated that the term refers to the procedure by which something is accomplished and, thus, the phrase "manner of their election" in section 166.021 (4), Florida Statutes, includes all aspects of the procedure by which municipal officers are elected....

...e from subdistrict residency requirements for city commissioners elected on a city-wide basis to single member districts constituted a change in the manner in which city commissioners are elected and thus was subject to the limitations prescribed by section 166.021 (4), Florida Statutes, which requires approval by referendum of any change in a charter affecting the manner of election of municipal officers....

...Similarly, in Attorney General Opinion 78-61, this office concluded that a change in the charter to provide for the election of city commissioners from single-member district constituted a change in the manner of election of such officials within the meaning of section 166.021 (4), and thus required approval by referendum. More recently, this office in an informal opinion considered whether a municipality could create single member voting districts for the city commission by ordinance. 9 While the opinion recognized that section 166.021 (4), Florida Statutes, preserves the manner of election of municipal officers as a part of the charter, and thus would not be subject to amendment or repeal by adoption of an ordinance alone, the charter under consideration specifically recognized the authority of the city commission to create such districts....

...Thus, an amendment of the city charter to require candidates to designate which seat on the city council they are running for prior to the election appears to alter the manner in which council members are elected. Such an amendment, therefore, would fall within the proscription of section 166.021 (4), Florida Statutes, requiring that a change in the manner of election of elected municipal officers be approved by referendum of the electors as provided in section 166.031 , Florida Statutes....

...authority over municipal power by providing that a “municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except: any subject expressly preempted to state or county government by the constitution or by general law.” § 166.021(3)(c), Fla....

trust fund for municipal employees generally. Section 166.021(1), F.S., implementing s. 2(b), Art. VIII,

are related and will be answered together. Section 166.021(1), Florida Statutes, a provision of the "Municipal

...To the extent such a require-ment precludes architects or engineers from providing services they are statutorily authorized to perform, however, the code would be unenforceable as in conflict with state law. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 See, section 2(b), Art. VIII, State Const. and section 166.021 (1), Fla. Stat. (1993) and section 166.021 (3), Fla....

2(b), Article VIII, Florida Constitution, or section 166.021, Florida Statutes, to impose any requirements

...se of the police power , to designate `particular highways or roadways for use by traffic moving in one direction,' and `any street as a through street or . . . any intersection as a stop or yield intersection.' Section 316.008 (1)(d) and (f), F. S. Section 166.021 (1), F....

...S., operate to and have the effect of expressly prohibiting any such legislative action under the police power by the several municipalities. Moreover, these and other provisions of Ch. 316, F. S., constitute an express preemption of this area of traffic control and regulation to the state within the contemplation of s. 166.021 (3)(c)....

5 In the same act, the Legislature amended section 166.021, Florida Statutes, to provide in subsection

...felony statutes. AS TO QUESTION 1: The first question is answered in the affirmative. Chapter 166, F. S., serves as the implementing statutory provision for municipal home rule as set forth in s. 2, Art. VIII of the State Constitution. Specifically, s. 166.021 , F. S., describes the scope of powers afforded a municipality, as well as the limitations on those powers. As stated in s. 166.021 (1): ....

...(Emphasis supplied.) See also City of Miami Beach v. Forte Towers, Inc., 305 So.2d 764 , 766 (Fla. 1974), stating that Ch. 166, F. S., is a broad grant of power to municipalities in recognition and implementation of s. 2(b), Art. VIII, State Const.; and s. 166.021 (1), F. S., pursuant to which municipalities may exercise any power for municipal purposes except when expressly prohibited by law; and s. 166.021 (3), F....

...S., wherein the Legislature expressly recognizes that pursuant to the aforesaid constitutional grant of power, the governing body of a municipality has the power to enact legislation on any subject matter upon which the Legislature may act. The only other limitations placed on the powers of municipalities are set forth in s. 166.021 (3)....

...1(g), (3), and 6(e), Art. VIII of the State Constitution. The grant of power to municipalities under these constitutional and statutory provisions for municipal home rule is broad; and the intent of the Legislature to give such broad grant of power is articulated in s. 166.021 (4), which provides: `The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the Constitution.' As noted in State v....

...City of Sunrise, 354 So.2d 1206 , 1209 (Fla. 1978), municipalities are no longer dependent upon the Legislature for legislative authorization; and statutes are relevant only to determine limitations on the authority granted by s. 2, Art. VIII, State Const. Section 166.021 was unanimously held to be constitutionally valid in City of Miami Beach v....

...Rehabilitative Services or the county or its duly designated licensing agency are required to adopt and enforce. The rule chapter imposes minimum standards for fire safety in child care facilities and recognizes that such standards may be exceeded. Section 166.021 (1), F.S., of the "Municipal Home Rule Powers Act" provides that municipalities may exercise any power for municipal purposes except when expressly prohibited by law, and s 166.021 (3) states that pursuant to the authority set forth in s 2(b), Art....

...g any subject upon which the State Legislature may act except, inter alia, any subject which is expressly prohibited by the Constitution or any subject which is expressly preempted to state or county government by the Constitution or by general law. Section 166.021 (3)(b) and (c), F.S. The term "express" as used in s 166.021 , F.S., has been construed to mean a reference which is distinctly stated and not left to inference....

...he division for a particular project. While s. 2, Art. VIII, State Const., grants municipalities broad home rule powers, the Constitution limits the exercise of extraterritorial powers by municipalities to that provided by general or special law." 4 Section 166.021 (3)(a), F.S., implements this constitutional provision by providing: The Legislature recognizes that pursuant to the grant of power set forth in s....

...The city clerk shall furnish each candidate declared to be elected a certificate of election by noon of the second day following the day of election." No part of the code has been cited that contemplates the delegation of the canvassing duties to any one other than the city commission or the mayor. Section 166.021 (1), Florida Statutes, recognizes the home rule powers granted to municipalities in section 2(b), Article VIII of the State Constitution, stating that they "may exercise any power for municipal purposes, except when expressly prohibit...

sanitary sewers and other related facilities. Section 166.021(1), F.S., grants municipalities the right to

...and exercise of extra-territorial powers by municipalities shall be as provided by general or special law." Thus any annexation must be effected either directly by the Legislature by special law or by a municipality in accordance with the authorization and procedures provided by a general law. 1 Section 166.021 , Florida Statutes, reflects this mandate....

...(Emphasis supplied.) You also stated your opinion that the boundary article contained in the Coral Springs charter prior to enactment of Ch. 73-129, Laws of Florida, the Municipal Home Rule Powers Act, was converted into an ordinance by operation of s. 166.021 (5), F. S. As to this aspect of your question, I would point out that s. 166.021 (5), converted into ordinances `[a]ll existing special acts pertaining exclusively to the power or jurisdiction of a particular municipality except as otherwise provided in subsection (4) . . . .' (Emphasis supplied.) Section 166.021 (4) preserved, in effect, those charter provisions affecting, among other matters, the `creation or existence' of a municipality....

...l be exercised. (Emphasis supplied.) Therefore, I am of the opinion that the physical boundaries of a municipality clearly affect and are an inseparable element of the `creation or existence' of a municipality. Accordingly, neither the provisions of s. 166.021 (5), F. S., which converted certain special acts into ordinances, nor the provisions of s. 166.021 (4), which nullified and repealed certain charter provisions constituting limitations on a municipality's power, would have applied to or affected the boundary article contained in a municipality's charter at the time of enactment of the Municipal Home Rule Powers Act....

...I am also of the opinion that s. 171.091 , F. S., enacted subsequent to the Municipal Home Rule Powers Act, clearly reflects the Legislature's intent that a municipal charter boundary article, having been preserved in effect and as a part of the charter by s. 166.021 (4), supra , is to remain in the charter....

...its charter. Therefore, while there is no provision in Ch. 166, F. S., or Ch. 171, F. S., expressly requiring a boundary article to be contained in a municipality's charter (as opposed to being established only in an ordinance), I am satisfied that s. 166.021 (4) preserved in effect and as part of the various municipalities' charters those charter boundary articles or provisions existing at the time of enactment of the Municipal Home Rule Powers Act....

...tary purposes not expressly prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. . . . § 166.021(4), Fla....

...57-1498, Laws of Florida. The Municipal Home Rule Powers Act, part I, ch. 166 , F.S., provides that any limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, except for those subject matters enumerated in s. 166.021 (4), F.S., `is hereby nullified and repealed.' Section 166.021 (4), F.S. The pertinent provisions of s. 1, ch. 57-1498, do not fall within any of the several exceptions specified in s. 166.021 (4), that would require a change in a municipal charter to be approved by referendum of the electors as provided in s. 166.031 . Rather, these provisions appear to be a limitation upon the power of the governing body of the city to enact ordinances; therefore, such provisions were nullified and repealed by the terms of s. 166.021 (4), and the legislative or ordinance-making action of the governing body is controlled by the provisions of s....

members of the pension board are appointed. Section 166.021(4), F.S., specifically provides that nothing

...Facebook also contains interactive features, including instant messaging and a "Wall" which allows friends to post messages and attachments which may be viewed by anyone who may view the user's profile. As you have not provided this office with a specific fact situation, my comments must be general in nature. Question One Section 166.021 (1), Florida Statutes, sets forth the authority of municipalities, stating: "As provided in s....

Robert A. Butterworth Attorney General (ls) 1 Section 166.021(1), F.S., implementing s. 2(b), Art. VIII,

1, 1973. See Ch. 73-129, Laws of Florida. Section 166.021(1) states that: As provided in s. 2(b)

except when expressly prohibited by law.' Section 166.021(4), F.S., further provides that the provisions

...Because the Commission’s interpretation'of its own ordinances involved a municipal purpose, it constitutes a permissible exercise of authority under the broad home *1546 rule powers embodied in the Florida Constitution. Fla. Const, art. VIII, § 2(b); Fla. Stat. § 166.021 (1987); City of Ormond Beach v....

...e of licenses to persons meeting the then statutory criteria (age and good moral character). See generally, ss 790.05, 790.051 , 790.052 , and 790.25 (3), F.S., for persons exempted or excepted by statute from the operation of ss 790.05 and 790.06 . Section 166.021 (3)(c), F.S., provides in pertinent part that the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the State Legislature may act, except "[a]ny subject expressly preempted to state or county government by the constitution or by general law ....

...In either case — whether the charter amendment is proposed by ordinance or by petition, as aforesaid — such amendment must be submitted to a vote of the electors of the municipality. The reason for this was given in AGO 078-32 as follows: Section 166.021 (4), F....

...to the election of city commissioners from single-member districts, which is the substance of the proposal outlined in your letter, is a change in the method, way, means, plan, design or manner in which city commissioners are elected. . . . Therefore, the proposal you described is subject to s. 166.021 (4), F....

the term after the amended election date." Section 166.021(1), Florida Statutes, of the Municipal Home

purposes except as otherwise provided by law." Section 166.021(1), F.S., as enacted by Ch. 73-129, Laws of

it presents no impediment to such action. Section 166.021, Florida Statutes, implements the broad home